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Madhya Pradesh High Court
Siddhant Upadhyay vs The State Of Madhya Pradesh on 23 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:6788
1 MCRC-2507-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 23 rd OF JANUARY, 2026
MISC. CRIMINAL CASE No. 2507 of 2026
SIDDHANT UPADHYAY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aditya Pandey and Shri Ghanshyam Pandey - Advocates for the
applicant.
Shri Sunil Kumar Mishra - Advocate for the objector.
Shri Himanshu Tiwari - Panel Lawyer for the respondent/State.
ORDER
This is first application filed by the applicant under Section 483 of BNSS,
2023/439 of Cr.P.C. for grant of regular bail relating to FIR/Crime No.779/2025
registered at Police Station- Lordganj, District - Jabalpur (M.P.) for commission of
offence punishable under Sections 69 and 351(2) of BNS. The applicant is in
custody since 24.12.2025.
2. Learned counsel for the applicant has submitted that the complainant
herself, who is major aged 21 years, has filed an affidavit before this Court. The
Court has interacted with her and verified the contents of the affidavit. She has
stated that said affidavit is filed without any pressure or duress and she is aware
about the consequences of filing of such affidavit. She has further stated that she is
willing to marry with the applicant as the applicant has also assured her to get
marry with her. She is now giving consent by filing an affidavit that she has no
objection if the bail is granted to the applicant.
NEUTRAL CITATION NO. 2026:MPHC-JBP:6788
2 MCRC-2507-2026
3. Learned counsel for the applicant has contended that in view of the
aforesaid affidavit, the case of the applicant for grant of bail should be considered
as the charge-sheet has already been filed and he is behind the bar since
24.12.2025.
4. Learned counsel for the State has raised an objection by saying that such
practice to file complaint more particularly under Section 69 of BNS, which
pertains to the offence relating to false promise of marriage and now changing the
version by the complainant is a serious one and required to be viewed very
seriously.
5. Upon due consideration of the aforesaid facts, this Court finds that both
the persons are major and of young age and appear to have been in a relationship.
It further appears that, due to some misunderstanding and probably under pressure
from the family members of the original complainant, the complaint may have
been filed. Though this Court does not approve of such practice, once such a
complaint is filed, the entire police machinery as well as the judicial process is set
into motion, resulting in the expenditure of precious working hours of both the
police and the Court. Considering the fact that the parties are now willing to reside
together by resolving all disputes and to start a new life, and further considering
that both the complainant and the applicant are of young age, in the larger interest
of justice, and having regard to the ratio laid down by the Hon'ble Apex Court in
Gian Singh v. State of Punjab and Another (2012) 10 SCC 303,though the said
judgment pertains to quashing of FIRs, the same may be taken into consideration
while dealing with the matter of bail, particularly when the complainant herself is
now supporting the case of the applicant for grant of bail.
6. Consequently, this bail application under Section 483 of BNSS, 2023 for
grant of bail filed on behalf of applicant, stands allowed.
NEUTRAL CITATION NO. 2026:MPHC-JBP:6788
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7. It is directed that applicant be released on bail on his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one
solvent surety in the like amount to the satisfaction of the trial Court, for his
regular appearance before the trial Court during trial with a condition that he shall
remain present before the concerned Court on all the dates fixed by it during trial.
He shall abide by all the conditions enumerated under Section Section 480(3) of
BNSS, 2023.
8. However, it is expect that after release of the applicant from jail, the
complainant and applicant will enter into marital relationship as soon as possible
so the future of the complainant would not be unnecessarily jeopardiced. It is open
for the State to verify this aspect and in case of need it may file appropriate
proceedings against the person concerned.
9. However, it is made clear that if applicant is found involved in any other
case of similar nature during trial, this order shall stand automatically cancelled
and police and trial Court shall be at liberty to commit him in jail.
10. This order shall be effective till the end of the trial. However, in case of
bail jump and breach of any of the conditions of bail, it shall become ineffective.
(SANDEEP N. BHATT)
JUDGE
C
