[Cites 3, Cited by 0]
Madhya Pradesh High Court
Rahul Raikwar vs The State Of Madhya Pradesh on 10 February, 2026
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2026:MPHC-JBP:11678
1 MCRC-6357-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 10th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6357 of 2026
RAHUL RAIKWAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arvind Kumar Sharma - Advocate for the applicant.
Shri Sudhakar Mani Patel - Panel Lawyer for the respondent/State.
ORDER
Case diary is available.
2 . This first application under Section 483 of Bhartiya Nagarik
Suraksha Sanhita, 2023/under Section 439 of Cr.P.C. has been filed for grant
of bail.
3 . The applicant has been arrested on 3/1/2026 in connection with
Crime No.12/2026 registered at Police Station Berasiya, District Bhopal for
offence under Section 108 of Bharatiya Nyaya Sanhita, 2023.
4 . It is submitted by counsel for the applicant that according to the
prosecution case, the applicant was frequently making phone calls to the
deceased, as a result of which, she committed suicide. It is submitted that
even if the entire allegations are accepted, still it may not be an offence of
abetment of suicide. The applicant has no criminal history and trial is likely
to take sufficiently long time and his long incarceration may bring the
NEUTRAL CITATION NO. 2026:MPHC-JBP:11678
2 MCRC-6357-2026
applicant in the company of hardcore criminals.
5. Per contra, the application is vehemently opposed by counsel for the
State. It is submitted that the Investigating Officer has sent the mobile of the
deceased to recover the deleted photographs, videographs, and WhatsApp,
Facebook and Instagram messages/videos as well as normal messages and
after the said report is received, some more incriminating material may be
collected by the police. Thus, it is submitted that as the investigation is
pending, therefore, the applicant may not be granted bail.
6. Heard learned counsel for the parties.
7. For the time being, the allegations against the applicant are that the
applicant was frequently making phone calls to the deceased, which
ultimately compelled the deceased to commit suicide. Whether such an act of
the applicant would amount abetment or not, is yet to be decided by the Trial
Court. So far as pendency of investigation is concerned, learned counsel for
the State is correct in submitting that after recovering the WhatsApp
messages/videos, deleted photographs, videos etc. from the mobile of the
deceased, some more incriminating material can be collected against the
applicant. However, merely because the investigation is pending for an
allegation, which prima facie is not very convincing to make out an offence
under Section 108 of BNS, this Court is of the considered opinion that the
liberty of the applicant cannot be curtailed just for awaiting the report of the
Cyber Cell of the State of M.P. Accordingly, considering the facts and
circumstances of the case, the application for grant of bail is hereby
allowed. It is directed that applicant be released on bail on furnishing a
NEUTRAL CITATION NO. 2026:MPHC-JBP:11678
3 MCRC-6357-2026
personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety
in the like amount to the satisfaction of the Trial Court/Committal Court to
appear before the Court on the dates given by the concerned Court.
8. This order shall remain effective till the end of trial but in case of
bail jump, it shall become ineffective and the trial Court shall be free to take
the applicant in custody.
9. Since the investigation is incomplete and the counsel for the State is
also right in submitting that some more incriminating material can be
collected after recovery of the data from the mobile of the deceased, a liberty
is granted to the State that in case if some incriminating material is recovered
pointing towards the guilt of the applicant, then the State shall be free to file
an application for cancellation of this bail order.
10. In the light of the judgment passed by the Supreme Court in the
case of XYZ and Others Vs. State of M.P. and Another, reported in (2021)
16 SCC 179, the intimation regarding grant of bail be sent to the
complainant.
11. Certified copy as per rules.
(G. S. AHLUWALIA)
JUDGE
Arun*
