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Madhya Pradesh High Court
Bhupendra Singh vs The State Of Madhya Pradesh on 9 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6182
1 MCRC-8822-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 8822 of 2026
BHUPENDRA SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Mohammad Ikram Ansari - Advocate for the applicant.
Shri Surendra Gupta - Govt. Advocate for the respondent/State.
ORDER
Learned counsel for the State informed that notice to the victim has
been duly served.
This first application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No. 159/2025
registered at Police Station - Talen, District - Rajgarh(M.P.) for offence
punishable under Section 137(2),64(2)(m), 65(1) and 3(5) of BNS, 2023 &
Section 5L/6 and 3/4(2) of POCSO Act & Section 3(2)(v), 3(1)(w)(i), 3(1)
(w)(ii) of SC/ST(Prevention of Atrocities) Act. Applicant is in judicial
custody since 03.09.2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds
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mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence merely for the reason that he is the relative of main
accused Vijendra. There is no allegation of compulsion, force or coercion
against the applicant. The victim did not mention complicity of the applicant
in her statement recorded u/S 183 of BNSS, 2023. The final report has been
submitted on completion of investigation. The applicant has clean past, with
family roots, property and employment. There is no history of evading
process of law. There is no likelihood of tampering with evidence by the
applicant. Jail incarceration is causing hardship to the young applicant and
the dependent family. Applicant is ready to cooperate in the trial.
Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. However, after going through the
case diary, he fairly states that no criminal antecedent is reported against the
applicant. Applicant is aged 30 years and is an Agriculturist by profession.
As per accusation on case diary, Vijendra aged around 21 years
kidnapped minor victim aged around 13 years and 09 months and subjected
her to penetrative sexual assault. The applicant is arrested on the basis of
statement of victim recorded u/S 180 of BNSS, 2023 that he had assisted the
main accused Vijendra in taking the victim from her home to a hut. The
specific allegation that applicant has enticed, compelled or threatened the
victim is prima-facie missing in the statement of victim recorded u/S 183 of
BNSS. There is no allegation of sexual assault against the applicant. The
contentions advanced by the applicant have prima-facie merit and cannot be
dismissed as manifestly baseless. The veracity of prosecution, complicity
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and intention of the applicant will be determined after evidence in the trial.
As informed, the applicant has family responsibility. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any criminal antecedent, considering the socio-economic status of
the applicant, there appears to be no likelihood of recidivism or tampering
with the evidence or influencing the witnesses by the applicant. There
appears to be no compelling reason to continue incarceration of the
applicant. However, the observations, herein-above, are recorded for present
application only.
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.
Accordingly, it is directed that applicant - Bhupendra Singh hall be
released on bail in connection with the Crime as mentioned in first paragraph
of this order, upon furnishing a personal bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) with one solvent 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
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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 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
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.
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
sh
