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Madhya Pradesh High Court
Prakash Vishwakarma vs The State Of Madhya Pradesh on 6 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:18005
1 MCRC-8605-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 6 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 8605 of 2026
PRAKASH VISHWAKARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Jafar Khan - Advocate for the applicant.
Shri Amit Pandey - Panel Lawyer for the respondent/State.
ORDER
This is the first application filed by the applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail relating to
FIR/Crime No.13/2026 registered at Police Station Motinagar, District Bhopal, for
the offence punishable under Sections 332-B, 64(2)(m), 87, 115(2), 351(3), 3(5)
and 70(1) of the Bharatiya Nyaya Sanhita, 2023. The applicant is in jail since
05.01.2026.
2. Learned counsel for the applicant has submitted that basic allegation
against the present applicant is that he had threatened the victim on 16.10.2025
after sexual assault was committed by co-accused, Deva Vishwakarma. It is
further submitted that sexual assault was committed by co-accused Deva
Vishwakarma on 23.11.2025, who abducted the victim and kept her in his house
for three days', after which she returned to her house.
3. Learned counsel for the applicant has submitted that FIR was lodged on
04.01.2026. However, her mother-in-law has already been released from jail on
19.10.2025 but she has not lodged any FIR. It is further submitted that husband of
NEUTRAL CITATION NO. 2026:MPHC-JBP:18005
2 MCRC-8605-2026
the prosecutrix was also released from jail three days after 23.11.2025, even
thereafter, the prosecutrix did not disclose the incident to her husband.
4. Learned counsel for the applicant has further submitted that in the FIR,
there is no allegation that the present applicant had committed sexual assault upon
the victim. In the supplementary statement, the victim has stated that this applicant
has also sexually assaulted her on 16.10.2025. The only allegation against the
applicant is that he threatened the victim not to disclose the incident to her family
members. Except this, there is no allegation against the applicant, thus, the
prosecution story is fully doubtful and the victim is not reliable. Trial will take
time to be concluded, hence, the applicant is entitled to be released on bail.
5. Learned counsel for the respondent/State has opposed the bail application
and has submitted that in her statement recorded under Section 183 of BNSS, the
victim has clearly stated that the present applicant, along with co-accused Ravi,
had sexually assaulted her on 16.10.2025. Her husband and mother-in-law were in
jail, hence, she was unable to lodge the FIR immediately.
6. Learned counsel for the State has further submitted that the applicant has
criminal record of ten cases of theft, hence, no case of bail is made out in his
favour and the applicant is not entitled to be released on bail.
7. Heard the parties and perused the case diary.
8. The first incident is stated to have occurred on 16.10.2025, whereas, the
FIR has been lodged on 04.01.2026. In the FIR, there is no allegation that the
present applicant was involved in committing sexual assault on the victim. It is
further submitted that the statement of the victim, recorded under Section 180 of
BNSS, no such allegation has been made against the present applicant. However,
in supplementary statement, she has stated that this applicant had violated her
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3 MCRC-8605-2026
privacy.
9. Considering the aforesaid factual aspects of the case, coupled with the
fact that trial will take time to be concluded, this Court deems it appropriate to
enlarge the applicant on bail. Thus, without commenting anything on the merits of
the case, the application is allowed.
10. It is directed that applicant shall 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 of the like amount to the satisfaction of the trial Court concerned for
his appearance before the said Court on all such dates as may be fixed by that
Court in this regard during pendency of trial.
11. It is further directed that the applicant shall comply with the provisions
of Section 480(3) of BNSS.
12. Accordingly, Misc. Criminal Case stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
AT
