[Cites 3, Cited by 0]
Madhya Pradesh High Court
Ishwar vs The State Of Madhya Pradesh on 5 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3816
1 MCRC-4561-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 5 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4561 of 2026
ISHWAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shubham Narvare - Advocate for the applicant.
Shri Sunit Kapoor - Govt. Advocate for the respondent/State.
Shri Bharat Sharma - Advocate for the respondent [COMP].
ORDER
This first application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No. 629/2025
registered at Police Station - Tarana District - Ujjain (M.P.) for offence
punishable under Sections 137(2) & 64(2)(m) of BNS, 2023 and Section
5L/6 of POCSO Act, 2012 & Section 9,10,11 of Prevention of Child
Marriage Act. Applicant is in judicial custody since 05.12.2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence. Applicant was married to the victim with the consent
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of both the family members. The maternal Uncle of victim desires to marry
her elsewhere, therefore, he lodged false report. The victim in her statements
recorded u/S 180 and 183 of BNSS, 2023 did not support the accusation.
Rather exonerated the applicant and submits that she had married with the
applicant with the consent of family after attaining the age of 18 years. The
determination of age during investigation is doubtful. Applicant has clean
past, with family roots. There is no history of evading process of law. There
is no likelihood of tampering with evidence by the applicant. Jail
incarceration is causing hardship to the young applicant. Applicant is ready
to cooperate in trial.
Per contra, learned counsel for the State ably assisted by learned
counsel for the objector opposes the application on the ground of gravity of
alleged offence. However, after going through the case diary, he fairly states
that no criminal antecedent is reported against the applicant. Applicant is
aged around 22 years and is an agriculturist by profession.
According to the accusation on case diary, applicant aged around 22
years kidnapped the minor victim aged around 14 years and subjected her to
penetrative sexual assault. Prima-facie, the element of inducement,
enticement, compulsion or force to marry is missing in the statement of
victim recorded under sections 180 and 183 of BNSS, 2023. The final report
has been submitted on completion of investigation. The contentions
advanced by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The veracity of prosecution, age of the victim and
complicity of the applicant in the alleged offence will be determined after
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evidence in the trial.
As informed, the applicant is still dependent on family and survives
on occasional labour work. Considering these aspects, there appears to be no
possibility of fleeing from justice. In absence of any criminal antecedent,
considering the socio-economic status of the applicant, there appears to be
no likelihood of recidivism or tampering with evidence or influencing the
witnesses by the applicant. There appears to be no compelling reason to
continue incarceration of the young applicant. However, the observations,
herein-above, are recorded for present application only.
Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
Accordingly, it is directed that applicant -Ishwar shall be released on
bail in connection with the Crime as mentioned in first paragraph of this
order, upon furnishing a personal bond in the sum of Rs. 25,000/- (Rupees
Twenty Five Thousand only) with one solvent surety of the same amount to
the satisfaction of the trial Court, for compliance with the following
conditions: (For convenience of understanding by accused and surety, the
conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed
by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
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(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन,
धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को
कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023
regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
The trial Court shall get these conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of
them is unable to write, the scribe shall certify that he/she had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
