Santosh Gurjar vs The State Of Madhya Pradesh
2026 Latest Caselaw 1357 MP

Citation : 2026 Latest Caselaw 1357 MP
Judgement Date : 10 February, 2026

[Cites 4, Cited by 0]

Madhya Pradesh High Court

Santosh Gurjar vs The State Of Madhya Pradesh on 10 February, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

           NEUTRAL CITATION NO. 2026:MPHC-GWL:5231




                                                            1                           MCRC-6568-2026
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 10th OF FEBRUARY, 2026
                                           MISC. CRIMINAL CASE No. 6568 of 2026
                                                  SANTOSH GURJAR
                                                       Versus
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                          Shri Satyendra Singh Rajput - Advocate for the applicant.
                          Shri Mohit Shivhare - GA for the respondent/State.
                          Shri Aniket Bhadoria - Advocate for the complainant.
                                                                ORDER

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 31.12.2025 by Police Station- Cantt., District Guna in connection with Crime No.983/2025, registered in relation to the offence punishable under Sections 75(1), 65(1), 3(5) of B.N.S., Section 3/4, 7/8 of POCSO Act and Section 3(1)(w)(i), 3(1)(w)(ii), 3(2)(va), 3(2)(v) of SC/ST (Prevention of Atrocities) Act.

As per the prosecution case, on the night of 01.11.2025 at about 10:00 p.m., the complainant had gone behind her house to dispose of leftover food and waste. At that time, the applicant, Malkhan Yadav, allegedly approached her, questioned her for not talking to him, and thereafter caught hold of her hand with ill intention and grappled with her. When the complainant raised an alarm, the applicant allegedly covered her mouth. On hearing her screams, her mother, father, and brother arrived at the spot, leading to a scuffle

NEUTRAL CITATION NO. 2026:MPHC-GWL:5231

2 MCRC-6568-2026 between them and the applicant. The complainant, along with her family members, initially went to the police station on the same night but returned due to heavy crowd. On 02.11.2025, she again approached the police station and lodged a report. On the basis of the report and statements of witnesses recorded during investigation, a case was registered and the applicant was arrested in connection with the said offence.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. It is submitted that the complainant initially lodged the FIR on 02.11.2025 against co-accused Malkhan alone, alleging that he had held her hand with bad intentions. The name of applicant does not appear in the FIR, nor any

charges were framed against him. Later, in statements, it was mentioned that the applicant came on the spot and cooperated with Malkhan. There are no allegations of rape against the applicant. It is further submitted that the investigation in the matter is complete and the charge sheet has been filed. The applicant is in custody since 31.12.2025 and the trial will take time for its conclusion. The applicant is permanent resident of District Vidisha and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Considering the overall facts and circumstances of the case, nature of

NEUTRAL CITATION NO. 2026:MPHC-GWL:5231

3 MCRC-6568-2026 allegations, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;