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Madhya Pradesh High Court
Pawan Raja vs The State Of Madhya Pradesh on 18 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:6186
1 MCRC-7934-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 18th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 7934 of 2026
PAWAN RAJA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Uma Kushwah - Advocate for applicant.
Ms Kalpana Parmar - Public Prosecutor for repsondent/State.
ORDER
The applicant has filed this First bail application under Section 482 of
BNSS/438 of Cr.P.C. for grant of anticipatory bail.
Applicant apprehends his arrest in connection with Crime No.70/2026
registered at Police Station Dabra District Gwalior (M.P.) in relation to the
offence punishable under Sections 69, 351(3) of BNS.
As per the prosecution case, the allegation against the present
applicant is that he committed rape upon the prosecutrix on the pretext of
marriage. It is alleged that the applicant established physical relations with
the prosecutrix by giving her assurance of marriage and thereafter declined to
solemnize the marriage.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case and is wholly innocent. It is contended
that the prosecutrix is a major and was in a consensual relationship with the
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applicant. During the subsistence of their relationship, the prosecutrix
voluntarily accompanied the applicant to various places on different dates;
however, at no point in time was any complaint lodged by her. It is further
submitted that the present FIR has been registered only after the marriage of
the applicant was fixed elsewhere, which clearly reflects mala fide intention
and ulterior motive on the part of the prosecutrix. The complaint is stated to
be an afterthought, filed with the sole intention of harassing and pressurizing
the applicant. Learned counsel further submits that the complainant is in the
habit of lodging false complaints. In this regard, it is pointed out that she had
earlier instituted a criminal case against Suryapratap Singh Bundela and
Abhipratap Singh @ Abbu, registered as Crime No. 132/2018 under Sections
363 and 366 of the Indian Penal Code at Police Station Dabra Dehat. In the
said matter, both accused persons were acquitted by the learned trial Court
vide judgment dated 13.05.2019, which demonstrates the tendency of the
complainant to misuse the criminal justice system. There is no likelihood of
his absconding or tampering with the prosecution evidence. He is ready and
willing to cooperate with the investigation and trial, and undertakes to abide
by any condition that may be imposed by this Hon'ble Court. In view of the
aforesaid facts and circumstances, it is most humbly prayed that this Hon'ble
Court may be pleased to grant the benefit of anticipatory bail to the present
applicant.
Per contra, learned counsel for the State vehemently opposed the
present anticipatory bail application and prayed for its rejection.
Heard the counsel for the parties and perused the case diary.
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Considering the totality of facts and circumstances of the case, the
arguments advanced by learned counsel for the rival parties, without
commenting on the merits of the case, this Court is of the considered opinion
that the applicant has made out a case for grant of anticipatory bail.
Accordingly, it is directed that in the event of his arrest, the applicant
shall be released on bail upon furnishing a personal bond in the sum of Rs.
50,000/- (Rupees Fifty Thousand only) along with one local solvent surety in
the like amount, to the satisfaction of the Arresting Authority or
Investigating Officer.
This order will remain operative subject to compliance of the
following conditions by the applicant:-
(i) The applicant will comply with all the terms and conditions of the
bond executed by him;
(ii) The applicant will cooperate in the investigation/ trial, as the case
may be;
(iii) The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to the Police
Officer, as the case may be;
(iv) The applicant shall not commit any offence during the period of
bail;
(v) The applicant will not seek unnecessary adjournments during the
trial;
(vi) The applicant will not leave India without previous permission of
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the trial Court/Investigating Officer, as the case may be.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court/Police Station concerned
for compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
