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Madhya Pradesh High Court
Ranjeet Kushwaha vs The State Of Madhya Pradesh on 24 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:15929
1 CRA-9609-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 24th OF FEBRUARY, 2026
CRIMINAL APPEAL No. 9609 of 2025
RANJEET KUSHWAHA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Harshit Pandey - Advocate for the appellant.
Shri Mukesh Shukla - Govt. Advocate for respondent No.1.
ORDER
The appellant has filed this third criminal appeal for bail filed under
Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 being aggrieved by order dated 04.9.2025 passed in
Bail Application No.439/1/2025 by the Special Judge, SC/ST (POA) Act,
District Jabalpur (M.P.), whereby his bail application filed under Section 483
of BNSS, 2023, has been rejected. The first criminal appeal was dismissed as
withdrawn vide order dated 30.07.2025 passed in CRA No.7183 of 2025
and the second one was also dismissed as withdrawn vide order dated
12.8.2025 passed in CRA No.7814 of 2025.
2. The appellant has been arrested on 04.05.2025 relating to FIR/Crime
No.557/2025 registered at Police Station Panagar, District Jabalpur (M.P.)
for offence punishable under Sections 69, 127(2) of the BNS, 2023 and
Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (POA) Act.
3. Learned counsel for the present appellant submits that it is revealed from
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the story of prosecution that the physical relationship between the present
appellant and prosecutrix started since 4.2.2025. First intercourse has been
made as per the allegation on 4.2.2025 but the report has been lodged on
4.5.2025. Though the DNA report is positive but the factual aspect shows
that it is consensual relationship between the parties. Vide order dated
12.1.2026 of this Court, the prosecutrix present in the Court in person
submitted that she remained present before the learned trial Court on
06.1.2026 but she was informed that since no process had been issued to her
and therefore, she was sent back by the learned trial Court. While the order
sheet of learned trial Court dated 09.2.2026 shows that the prosecutrix did
not present before the learned trial Court on 06.1.2026. It is categorical that
the prosecutrix before this Court at the Bar has rendered a false statement and
she is not willingly appearing before the trial Court for her statement. Such
act of the prosecutrix shows that she with the object of lingering this
application is taking recourse of the false statement before the Court and not
eager to present before the learned trial Court for recording of her statement.
4. Learned counsel appearing on behalf of present appellant has pointed
out that the appellant is innocent and has falsely been implicated in the case.
It is submitted that last bail application was dismissed as withdrawn with
liberty to revive the prayer after the statement of prosecutrix before the
learned trial Court. But thereafter till today, the prosecutrix is not appearing
before the learned trial Court for recording of her statement before the
Court. The appellant is in custody since 4.5.2025. The trial will take
considerable time to conclude. He is ready to comply with the conditions as
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may be imposed by this Court. Having regard to the custody as well as the
facts as narrated above, the present appellant is entitled to be released on
bail.
5 . Per contra, learned counsel for State has opposed the prayer of bail and
prayed for rejection of appeal.
6. Heard learned counsel for the parties and perused the case diary.
7. Considering the submissions made by learned counsel for the parties and
keeping in view the attending facts and circumstances of the case including
the act of prosecutrix, this Court is inclined to release the appellant on bail.
Thus, without commenting anything on the merits of the case, the appeal is
allowed and it is directed that the appellant be released on bail upon his
furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy
Thousand Only) with one solvent surety in the like amount to the satisfaction
of the concerned trial Court/Committal Court.
8. This order will remain operative subject to compliance of the following
conditions by the appellant:-
"i) The appellant shall comply with all the terms and conditions of the
bond executed by him;
ii) The appellant shall cooperate in the investigation/trial, as the case
may be;
iii) The appellant shall not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police
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Officer, as the case may be;
iv) The appellant shall not commit an offence similar to the offence of
which he is accused;
v) The appellant shall not seek unnecessary adjournments during trial;
vi) The appellant shall not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be; and
vii) If any of the aforesaid conditions is violated, then this order shall
lose its effect automatically."
9. Copy of this order be sent to the trial Court concerned for compliance by
the office of this Court.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
mrs. mishra
