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Madhya Pradesh High Court
Atendra Pandey vs The State Of Madhya Pradesh on 29 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:8082
1 MCRC-52784-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 29 th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 52784 of 2025
ATENDRA PANDEY
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
Appearance:
Shri Surya Prakash Pathak - Advocate for the applicant.
Shri C.K. Mishra - Government Advocate for the respondent/State.
ORDER
This is the first application filed by the applicant under Section 482 of
Bharatiya Nagrik Suraksha Sanhita, 2023, seeking anticipatory bail in connection
with Crime No.555/2023 registered at Police Station Kamarji, District Sidhi, for
the offence punishable under Sections 354, 341 of the Indian Penal Code and
Section 7/8 of the Protection of Children from Sexual Offences Act, 2012.
2. Learned counsel for the applicant has submitted that the applicant is
innocent and has falsely been implicated in the case. On 07.12.2023, the victim's
family members wrongfully entered into the applicant's school and not only
abused the staff but also created nuisance. Subsequently, the applicant had
submitted a complaint before the Police Station concerned and the Superintendent
of Police, but no action on the said complaint was taken. There was a civil
litigation between the applicant's grandfather and victim's grandfather and on that,
a civil suit (C.S. No.81/2018) was filed in which a judgment had already been
passed on 06.04.2018. Subsequently, an appeal (Appeal No.116/2019) was also
filed and it got decided vide judgment dated 19.02.2020.
NEUTRAL CITATION NO. 2026:MPHC-JBP:8082
2 MCRC-52784-2025
3. Learned counsel for the applicant has further submitted that the applicant
and his family members were trying to remove the encroachment made on the
applicant's land by the victim's family members, therefore, he has falsely been
implicated in the case.
4. Learned counsel for the applicant has also submitted that the FIR was
lodged by the victim on 12.12.2023 stating the incident of 06.12.2023 that too
when the family members of the victim came to know about the fact that the
applicant had already lodged an FIR against them. It is contended that since there
was inimical relations between the parties, therefore, in a false case, the applicant
has been implicated whereas no such incident had taken place. The incident as
stated by the victim is not probable and cannot be believed to be true. If the
applicant is arrested, then his reputation will be damaged in the society, hence, he
be granted the benefit of anticipatory bail.
5. Learned counsel for the respondent/State has opposed the anticipatory bail
application and has submitted that at the relevant point of time, the victim was a
minor. She has supported the prosecution case, hence, no case of anticipatory bail
is made out.
6. Heard the parties and perused the case diary.
7. From the material available on record, it is clear that the applicant had
made a complaint before the Police Station concerned and Superintendent of
Police. There was a civil dispute between the parties. The applicant had also filed a
complaint to the CM Helpline. The FIR was lodged by the victim on 12.12.2023
stating the incident alleged to have taken place on 06.12.2023.
8. Considering the aforesaid factual aspects of the case, coupled with the fact
that during investigation nothing has to be recovered from the applicant, this Court
deems it appropriate to allow the application. Thus, without commenting anything
NEUTRAL CITATION NO. 2026:MPHC-JBP:8082
3 MCRC-52784-2025
on the merits of the case, the application is allowed.
9. 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.
10. 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. He is further directed to provide full cooperation for quick
disposal of the case. He shall neither try to threaten the prosecution witnesses nor
try to induce them.
11. It is further directed that the applicant shall abide by all the conditions as
enumerated under Section 482(2) of BNSS.
12. Accordingly, the application stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
dm
