[Cites 4, Cited by 0]
Madhya Pradesh High Court
Road Singh @ Rodu vs The State Of Madhya Pradesh on 13 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4623
1 MCRC-5718-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 13 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5718 of 2026
ROAD SINGH @ RODU
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manish Yadav - Advocate for the applicant.
Shri Surendra Gupta - Govt. Advocate for the respondent/State.
Shri Aayush Sethiya - Advocate for the respondent [OBJ].
ORDER
Learned counsel for the State informed that notice to the victim has been
duly served.
This first application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No. 480/2025
registered at Police Station - Agar , District - Agar Malwa(M.P.) for offence
punishable under Section 137(2), 64(1),64(2)(m), 65(1), 142 and 56 of BNS,
2023 & Section 5L/6 and 17 of POCSO Act. Applicant is in judicial custody
since 29.10.2025.
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
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in the alleged offence merely for the reason that he is the maternal uncle of
main accused Jitendra. The allegation against applicant relates to giving
shelter to main accused Jitendra and victim when they eloped. The applicant
was not aware of the factum of minority of the victim. There is no allegation
of misdeed or sexual assault against the applicant. The final report has been
submitted on completion of investigation. The 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. Jail incarceration is causing hardship to the applicant and the
dependent family. Applicant is ready to cooperate in the further investigation.
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 60 years and is a labourer by profession.
As per accusation on case diary, Jitendra aged around 21 years
kidnapped minor victim aged around 13 years and 08 months and subjected
her to penetrative sexual assault. Jitendra had kept the victim in the hut of
Road Singh alias Rodu. Victim remained with Road Singh alias Rodu for two
days. Thereafter, the police intercepted Jitendra and victim. The allegation of
misdeed or misbehaviour by the applicant is prima-facie missing in the
statement of victim recorded u/S 180 and 183 of BNSS, 2023. The applicant
is implicated for assisting the main accused Jitendra in keeping the victim for
03 days after her kidnapping. There is no direct allegation of kidnapping or
sexual assault against the applicant. The contentions advanced by the
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applicant have prima-facie merit and cannot be dismissed as manifestly
baseless. The veracity of prosecution, complicity and intention of the
applicant will be determined after evidence in the trial.
As informed, the applicant has family responsibility. 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 the evidence or influencing the witnesses by the applicant. There
appears to be no compelling reason to continue incarceration of the 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 - Road Singh alias
Rodu 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 ।
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(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
