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Madhya Pradesh High Court
Durgadas vs The State Of Madhya Pradesh on 20 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:14748
1 MCRC-6971-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 20th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6971 of 2026
DURGADAS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rajesh Kumar Patel - Advocate for the applicant.
Shri Ramji Pandey - Government Advocate for the State.
Shri Ratnakar Prasad Mishra - Advocate for the objector.
ORDER
This first application has been filed by the applicant under Section 482
of BNSS, 2023 for grant of anticipatory bail in relation to FIR/Crime
No.1042/2025 registered at Police Station - Adhartal, District -
Jabalpur (MP) for commission of offence punishable under Section 69 of
the BNS,2023.
2. As per the prosecution story, it is alleged that applicant established
physical relations with the prosecutrix on the pretext of marriage.
3. Learned counsel for the applicant has submitted that present applicant
is innocent and has been falsely implicated. He has not committed any
offence. Both the applicant and the prosecutrix are major and are aged about
25 years and 23 years, respectively. It is contended that even if the
allegations levelled against the applicant are presumed to be true then also
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they do not disclose the essential ingredients of Section 69 of the BNS and
the material on record clearly indicates that relationship between the
applicant and the prosecutrix was consensual and voluntary in nature. The
prosecutrix herself voluntarily came to Jabalpur to meet the applicant and
stayed with the applicant. It is also put forth that there is photograph annexed
with this application which shows intimate relationship of the prosecutrix
with the applicant as husband and wife. Hence, no offence is made out
against the present applicant. On the aforesaid grounds, grant of anticipatory
bail is prayed.
4. On the other hand, learned counsel for the State has opposed grant
of anticipatory bail. Counsel appearing for the complainant has vehemently
objected the prayer for grant of anticipatory bail. It is contended by him that
in view of the statement of the complainant under Section 183 of the BNSS,
this Court should not exercise discretion for grant of anticipatory bail to the
applicant as he has misused the complainant. It is further submitted that the
applicant is not cooperating in the investigation.
5. Heard learned counsel for the parties and perused the case diary.
6. The applicant and the prosecutrix both are major aged about 25
and 23 years. From perusal of the statement of the complainant it is apparent
that both of them are known to each other and they entered into consensual
physical relationship. Photograph annexed with the application indicates that
the applicant married with the prosecutrix though, there is no other document
in support of the same. Prima facie, the case appears to be consensual
physical relationship therefore, looking to the facts and circumstances of the
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case and other material on record but without expressing any opinion on the
merit of the case, I am of the view that it is a fit case to grant anticipatory
bail. Consequently, this first anticipatory bail application under Section 482
of BNSS, 2023 for grant of anticipatory bail filed on behalf of applicant,
stands allowed.
7. It is directed that in the event of arrest, the applicant be released on
bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one surety in the like amount to the satisfaction of the
Arresting Authority. At the stage of filing of charge-sheet by police,
applicant shall furnish fresh bail bond of same amount before trial Court to
its satisfaction subject to following conditions:-
(i) Applicant shall make himself available for interrogation by a police
officer as and when required;
(ii) Applicant is directed to join investigation, then and there.
(iii) 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 from disclosing such facts to the Court or to any police officer
and shall not involve himself in any criminal activity.
(iv) He shall abide all the conditions enumerated under section 480(2) of
BNSS, 2023. Applicant shall surrender himself before the Investigation
Officer within seven days from today failing which this order shall become
ineffective.
8. However, it is being made clear that in case of bail jump and in violation
of any of conditions imposed herein above, this order shall become
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ineffective and Investigation Officer/Trial Court shall be at liberty to proceed
against the applicant as per law.
Certified copy as per rules.
(SANDEEP N. BHATT)
JUDGE
ks
