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Madhya Pradesh High Court
Anand Tiwari vs The State Of Madhya Pradesh on 29 January, 2026
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 29th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 2862 of 2026
ANAND TIWARI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ravinandan Dwivedi - Advocate for the applicant.
Shri C.K. Mishra - Government Advocate for the respondent/State.
Ms. Nandani Shrivas - Advocate for the respondent/objector.
ORDER
This is the second application filed by the applicant under Section 482
of Bharatiya Nagrik Suraksha Sanhita, 2023, seeking anticipatory bail in
connection with Crime No.421/2025 registered at Police Station Khurai,
District Sagar, for the offence punishable under Sections 64(2)(m), 351(2),
115(1), 88, 89 of the Bharatiya Nyaya Sanhita, 2023; Section 5(l) read with
Section 6, Section 5(j)(ii) read with Section 6 of the Protection of Children
from Sexual Offences Act, 2012 and Sections 3(2)(va), 3(1)(w)(i) of the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989.
2. The applicant's first anticipatory bail application was dismissed as
withdraw vide order dated 16.12.2025 passed in M.Cr.C. No.57400 of 2025.
3. Learned counsel for the applicant has submitted the victim and
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applicant have entered into marriage and they are residing happily. The
victim's date of birth is 18.06.2005 and she is a major. Though, in the FIR
itself, it has been stated that the victim is a major, but to implicate the
applicant in a false case, it has been stated that the applicant sexually
assaulted her prior to 5-6 years of lodging the FIR. The missing person
report was lodged by the applicant himself. Upon recovery, the victim
initially expressed her desire to live with the applicant, but in the pressure of
her family members, she later stated against the applicant, and on that basis, a
false case has been registered against him. It is contended that the applicant
is innocent and has falsely been implicated in the case, hence, he be given
the benefit of anticipatory bail.
4. Ms. Nandini Shrivas, learned counsel appeared with
respondent/objector has identified the victim in person and also submitted
that an 'NOC' has already been submitted in the written form stating therein
that the respondent/objector is having no objection if the applicant is enlarged
on anticipatory bail. It is further submitted that the victim is a major and in
support of her contention, she has annexed her 10th standard mark-sheet of
the year 2021 issued by the Board of Secondary Education, Bhopal (M.P.), in
which, her date of birth is marked as 18.06.2005. In the said mark-sheet, the
names of victim's parents have also been mentioned. According to her, the
victim is a major, hence, the applicant be granted the benefit of anticipatory
bail.
5. Learned counsel for the respondent/State has opposed the
anticipatory bail application and has submitted that the victim, in her
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statement, has supported the prosecution case. It is alleged against the
applicant that he sexually assaulted the victim prior to 5-6 years of lodging
the FIR. It is further submitted that in this case, provision of Section 18 of
the SC/ST (POA) Act, shall be applicable, hence, no case of anticipatory bail
is made out in favour of the applicant.
6. Heard the parties and perused the case diary.
7. So far as applicability of provision of Section 18 of the SC/ST
(POA) Act is concerned, it is noteworthy to mention here that it is not a case
of sexual assault on the basis of caste.
8. From the material available on record, it is clear that the applicant
and victim were acquainted with each other. The victim wanted to live with
the applicant, hence, she, on her own volition, had left her parental house, the
applicant accompanied her. Subsequently, both the parties entered into
marriage and their marriage got registered as Registration
No.7581/BPL/2025 by the Registrar of Marriage, Bhopal on 19.12.2025. The
applicant himself had lodged the missing person report. After recovery, the
victim initially expressed her desire to live with the applicant, but in the
pressure of her family members, she later stated against the applicant, and on
that basis, a case has been registered against him. The material available on
record prima facie does not show that any offence on the basis of caste was
committed.
9. Looking to the above factual aspects of the case, this Court is
inclined to enlarge the applicant on anticipatory bail. Thus, without
commenting anything on the merits of the case, the application is allowed.
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10. It is directed that in the event of arrest the applicant shall be
enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety of the like amount to
the satisfaction of the Arresting Officer/trial Court for his appearance before
the concerned during the course of investigation or during trial Court, as the
case may be.
11. The applicant is directed to cooperate with the investigating
agency and if required by the police, also appear on the date and time
directed by the Investigating Officer.
12. It is further directed that the applicant shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
13. Accordingly, the application stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
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