[Cites 4, Cited by 0]
Madhya Pradesh High Court
Ajay vs The State Of Madhya Pradesh on 20 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:5288
1 MCRC-3241-2026
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. 3241 of 2026
AJAY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Govind Pal Singh Songara - Advocate for the applicant.
Shri Gajendra Singh Dodia - Govt. Advocate for the respondent/State.
ORDER
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. 644/2025 registered at Police Station-
Narsingarh, District-Rajgarh (M.P.) for offence punishable under Sections
64(1) , 87, of the BNS, 2023 & Section 67(A) of IT Act, 2000. Applicant is
in judicial custody since 25.11.2025.
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
in the alleged offence. It is a case of consensual relationship between
worldly-wise adults. When their relationship turned sour, false allegation of
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rape and threatening is leveled against the applicant. No offence, as alleged,
is committed by the applicant. No objectionable photograph, as alleged, was
recovered at the instance of applicant during investigation. The FSL report
negates the allegation of sexual assault. The final report is filed on
completion of investigation. 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 trial.
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 27 years. He is in the profession of bank
finance.
According to the accusation on case diary, the complainant, aged
around 21 years, reported to P.S. Narsingarh on 24.11.2025 that on
08.11.2025 she went to the shop of applicant for getting Aadhar Udhyam
Card. Applicant Ajay took her to Rajkumar Hotel and threatened to make
her photo viral. Ajay committed rape with her. She did not inform anyone
due to fear. Later, she gathered courage and informed her father about the
incident. On such allegations, the Police Station - Narsingarh registered FIR
for offence punishable under section 64(a) & 87 of the BNS, 2023 and
Section 67(A) of IT Act, 2000. Applicant Ajay was was arrested on
25.10.2025 He is in custody ever since. The final report has been filed. The
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contentions advanced by the applicant have prima-facie merit and cannot be
dismissed as manifestly baseless. The veracity of prosecution and complicity
of the applicant in the alleged offence will be determined during trial.
As informed, the applicant has responsibility of dependent family.
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.
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- - Ajay 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 : (For
convenience of understanding by accused and surety, the conditions of bail
are also reproduced in Hindi asunder):-
(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;
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(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
