[Cites 3, Cited by 0]
Madhya Pradesh High Court
Tauhid Khan vs The State Of Madhya Pradesh on 27 January, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:2560
1 MCRC-52240-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 27th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 52240 of 2025
TAUHID KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashutosh Surana - Advocate for the applicant.
Shri Ayushyaman Choudhary GA for the State.
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. 235 of 2025 registered at
Police Station- Nagda, District- Ujjain (M.P.) for offence punishable
under Sections 64(2)(m), 70(1), 351(3), 3(5) of the BNS, 2023 and
section 66(E) of the I.T. Act. Applicant is in judicial custody since
22/05/2025.
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
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implicated in the alleged offence merely on suspicion. He has not
committed the alleged offence. Learned counsel further submits that
although name of the applicant appears in the FIR, but the victim did not
alleged complicity of the applicant and rape by the applicant in her
statement recorded under section 183 of the BNSS, 2023. The DNA
examination report exonerates the applicant. Learned counsel further
refers to the evidence of the victim [PW-1] recorded before the trial
Court and contends that the victim had clearly exonerated the applicant
and specifically stated that the applicant did not commit any misdeed
with her. The material prosecution witness has been examined. The fate
of the prosecution against the applicant is apparent. The applicant is a
labourer by profession and survives on occasional labour work. There is
no likelihood of tampering with remaining evidence by the applicant.
The trial would take time to conclude. Jail incarceration is causing
hardship to the young applicant and his family. Applicant is ready to
cooperate in further trial.
5. Per contra, learned counsel for the State opposes the
application on the ground of gravity of alleged offence. Learned counsel
further refers to two criminal antecedents as mentioned in the case diary.
Applicant is aged 20 years.
6. In reply, learned counsel for the applicant submits that the
applicant was acquitted in Crime no. 509/2021 vide judgment dated
16/01/2023 passed in S.C. no. 17/2021. Other matter relating to Crime
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no. 145/2025 is pending for trial, wherein he was not named in FIR. He
was subsequently implicated. He has never been convicted for any
offence.
7. As per the accusation on case diary, the victim alleged that
Sohel enticed and abducted her. Sohel committed rape with her and
recorded obscene video. Sohel threatened to make her video viral and
took her to a room at a nearby dam. His three friends Imran, Sufiyan and
Tauhid Khan also committed rape with her. Although the victim alleged
that Tauhid Khan had committed rape with her at the room near dam in
FIR, but she did not allege such misdeed in her statement recorded
under section 183 of the BNSS, 2023. The victim [PW-1] has been
examined before the trial Court. She denied complicity of the applicant
in the gang rape. The trial would take time to conclude. The 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 in
trial after evidence.
8. As informed, the applicant is still dependent on family and
survives on occasional labour work. Considering these aspects, there
appears to be no possibility of fleeing from justice. In absence of
previous conviction for any offence, 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.
NEUTRAL CITATION NO. 2026:MPHC-IND:2560
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There appears to be no compelling reason to continue incarceration of
the young 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- Tauhid Khan 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. 75,000/- (Rupees Seventy 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
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
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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 ।
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
