[Cites 3, Cited by 0]
Madhya Pradesh High Court
Natwar vs The State Of Madhya Pradesh on 10 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4202
1 MCRC-2819-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 10 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 2819 of 2026
NATWAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vimal Kumar Gangwal - Advocate for the applicants.
Shri Bhaskar Agrawal - Govt. Advocate for the respondent/State.
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.200/2025 registered at
Police Station - Sarvan District - Ratlam in (M.P.) for offence punishable under
Sections 137(2) & 64(2)(m), 70(2), 127(2) & 351(3) of BNS, 2023 and Section
5L, 5G /6 of POCSO Act, 2012. Applicant no. 1 Natwar is in judicial custody
since 28.07.2025 and applicant no.2 - Ramdev alias Ramlal is in judicial custody
since 26.08.2025.
At the very outset, learned counsel for the applicant proposes not to pursue
the present bail application with regard to applicant no. 1 - Natwar.
Considered.
Bail application with regard to applicant no. 1 - Natwar is dismissed as
withdrawn
Heard the arguments for consideration of bail application with regard to
applicant no. 2 - Ramdev alias Ramlal.
Perused the grounds for grant of bail stated in the application, case diary
NEUTRAL CITATION NO. 2026:MPHC-IND:4202
2 MCRC-2819-2026
and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds mentioned in
the application, submits that the applicant no.2 - Ramdev alias Ramlal is falsely
implicated in the alleged offence. No offence, as alleged, is committed by the
applicant. The DNA report exonerates the applicant no.2 - Ramdev alias Ramlal.
The victim (PW-2) and her mother (PW-3) have been examined. They did not
support the prosecution. Rather, they exonerated the applicant no.2. The fate of
prosecution against the applicant no.2 - Ramdev alias Ramlal is apparent. The
determination of age during investigation is doubtful. Applicant no.2 - Ramdev
alias Ramlal has clean past, with family roots. There is no history of evading
process of law. There is no likelihood of tampering with remaining evidence by
the applicant as material prosecution witnesses have been examined. 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 no.2 - Ramdev alias Ramlal .
applicant no.2 - Ramdev alias Ramlal is aged around 24 years and is a labourer by
profession.
According to the accusation on case diary, applicant no.2 - Ramdev alias
Ramlal aged around 24 years and co-accused Natwar kidnapped the minor victim
aged around 17 years and took her to an underconstruction building at Suri
Village. They confined the victim in a room and committed rape with her. On such
allegations, the P.S. Sarvan Distt. Ratlam registered FIR for offence punishable
u/S 137(2). Later, prosecution for offence punishable 64(2)(m), 70(2), 127(2) &
NEUTRAL CITATION NO. 2026:MPHC-IND:4202
3 MCRC-2819-2026
351(3) of BNS, 2023 and Section 5L, 5G /6 of POCSO Act, 2012 was
added. Applicant no.2 - Ramdev alias Ramlal was arrested on 26.08.2025. The
victim (PW-2) and her mother(PW-3) have been examined before the trial Court.
They did not support the accusation against the applicant. The DNA examined
report also exonerates the applicant. 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 evidence in the trial.
As informed, the applicant no.2 - Ramdev alias Ramlal 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 no.2 - Ramdev alias Ramlal 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
NEUTRAL CITATION NO. 2026:MPHC-IND:4202
4 MCRC-2819-2026
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 ।
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
