[Cites 1, Cited by 0]
Madhya Pradesh High Court
Sanjay vs The State Of Madhya Pradesh on 20 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:5305
1 MCRC-7568-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 20th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 7568 of 2026
SANJAY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Senior Advocate Shri Virendra Sharma through VC along with Shri
Jitendra Sharma - Advocate for the applicant.
Shri Gaurav Rawat GA for the State.
Shri Bhupendra Singh Sisodiya, - Advocate for the respondent [OBJ].
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. 14 of 2026 registered at Police Station- Mahila
Thana, Ujjain, District-Ujjain (M.P.) for offence punishable under Sections
69 of the BNS, 2023. Applicant is in judicial custody since 05/02/2026.
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. It is a case of consensual relationship between
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educated and worldly wise adults. When their relationship turned sour, false
allegation of sexual exploitation is leveled against the applicant. No offence,
as alleged, is committed by the applicant. 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. Jail incarceration is
causing hardship to the applicant and the dependent family. Applicant is
ready to cooperate in further investigation and the trial. 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 25 years. He is agriculturist by profession.
6. Learned counsel for the objector pleads "no objection" to grant
benefit of bail to the applicant.
7. According to the accusation on case diary, the complainant /
prosecutrix, aged around 25 years, reported to the Police Station - Mahila
Thana, Ujjain that she got friendly with Sanjay (applicant) on social media
platform - Instagram in the year 2022. Sanjay proposed to marry her. Sanjay
had physical relations with her on promise of marriage. On 12/01/2026,
Sanjay called her to the house of his friend Chhotu. Sanjay had physical
relation with her. They stayed overnight in the house of Chhotu. She
returned to home. When she asked Sanjay for marriage, he refused to marry
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her. She informed her mother and came to report. On such allegations, the
Police Station - Mahila Thana, Ujjain registered FIR for offence punishable
under section 69 of the BNS, 2023. Applicant Sanjay was arrested on
05/02/2026. He is in custody ever since. The investigation is almost
complete. The trial would take time to conclude. The contentions advanced
by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless.
8. As informed, the applicant has the family responsibilities.
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 applicant. However, the observations, herein-above, are
recorded for present application only.
9. 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.
10. Accordingly, it is directed that applicant-Sanjay shall be released
on bail in connection with 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 surety of the same amount to the
satisfaction of the trial Court, for compliance with the following conditions
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: (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 ग
11. 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.
12. 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
amol
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