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Madhya Pradesh High Court
Mubarik vs The State Of Madhya Pradesh on 10 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4193
1 MCRC-3835-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 10th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 3835 of 2026
MUBARIK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sunil Kumar Soni - Advocate for the applicant.
Shri Ayushyaman Choudhary GA for the State.
ORDER
1. This first application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 02 of 2026 registered at Police Station-
Sarangpur, District- Rajgarh (M.P.) for offence punishable under Sections
308(2), 351(3), 3(5) of the BNS, 2023. Applicant is in judicial custody since
02/01/2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application,
case diary and the relevant material on record.
4. 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. Local Corporator committed rape with the wife of
applicant. He was acquitted by the trial Court. The applicant filed an appeal
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against acquittal. Present FIR is lodged to create pressure on the applicant to
withdraw the appeal. The documents submitted with the written complaint
show that the complainant is an associate of the Corporator. No offence, as
alleged is committed by the applicant. The delay in lodging FIR substantiates
the defence of the applicant that false allegations are levelled after
premeditation and consultation. The investigation is almost complete. Further
custodial interrogation of the applicant is not needed in the matter. Applicant
has clean past, with family roots, property and employment. There is no
history of evading process of law. There is no likelihood of tampering with
evidence by the applicant. The trial would take time to conclude. Jail
incarceration is causing hardship to the aged applicant and the dependent
family. Applicant is ready to cooperate in further investigation. The alleged
offence is not heinous or brutal in nature affecting society at large.
5. Per contra, learned counsel for the State 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 57 years. He is a auto-rickshaw driver by
profession.
6. As per the accusation on case diary, Mazhar Noor Kha submitted
a written complaint to the S.H.O of Police Station - Sarangpur on
02/01/2026 inter-alia alleging that on 06/12/2025, he was passing through
Dashhara Maidan Road. Femida called him to check the electricity line and
offered him Tea. Femida touched him inappropriately. Her husband Mubarik
forced him to undress on the point of knife. In the evening, Mubarik called
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him on his mobile phone and asked him to meet at Akodia Bypass Road.
Mubarik displayed him an obscene video and blackmailed to pay Rs.
10,00,000/-. Mubarik threatened to kill him and make his obscene video
viral. Femida and her husband Mubarik are indulging him in sextortion. On
such allegations, the Police Station - Sarangpur registered FIR for offence
punishable under sections 308(2), 351(3), 3(5) of the BNS, 2023 against
Femida and her husband Mubariq (applicant). Mubariq was arrested on
02/01/2026. He is in custody ever since. The investigation is almost
complete. The trial would take time to conclude. The FIR is delayed. The
contentions advanced by the applicant have prima-facie merit and cannot be
dismissed as manifestly baseless. The veracity of the prosecution and
complicity of the applicant in the alleged offence will be considered after
evidence in trial.
7. As informed, the applicant has family responsibilities of aged
parents and young children. Considering these aspects, there appears to be
no possibility of fleeing from justice. In absence of any criminal antecedents,
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. The offence is triable by JMFC. There appears to
be no compelling reason to continue incarceration of the aged applicant.
However, the observations, herein-above, are recorded for present
application only.
8. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
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this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
9. Accordingly, it is directed that applicant - Mubarik shall
b e 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.50,000/- (Rupees Fifty 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;
(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
10. 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.
11. The trial Court shall get these conditions reproduced on the
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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
amol
