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Madhya Pradesh High Court
Lavesh vs The State Of Madhya Pradesh on 10 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:18874
1 CRA-1510-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 10th OF MARCH, 2026
CRIMINAL APPEAL No. 1510 of 2026
LAVESH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri S.S. Chouhan - Advocate for the appellant.
Shri Anil Upadhyay - Panel Lawyer for the respondent/State.
ORDER
The appellant has filed this first criminal appeal under Section 14-A of
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 being aggrieved by order dated 03.02.2026 passed in SCATR
No.10/2026 by the Special Judge under the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, Khandwa, MP whereby his bail
application filed under Section 483 of BNSS, 2023, has been rejected.
2 . The appellant has been arrested on 06.01.2026 relating to
FIR/Crime No.399/2025 registered at police station -Chhaigaon Makhan,
District Khandwa (M.P.); for offence punishable under Section 69 of BNS,
2023 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
3 . It is submitted by learned counsel for the present appellant that
though the DNA report is positive as against the present appellant but as per
the FIR the present appellant was known to the prosecutrix 07 and 08 months
NEUTRAL CITATION NO. 2026:MPHC-JBP:18874
2 CRA-1510-2026
before the incident. There were mutual relationship between the present
appellant and the prosecutrix. It is also submitted that the prosecutrix has
been examined before the learned Trial Court and she admitted in para 7 and
8 of her cross-examination that photographs Ex.D/14 to Ex.D/18 show that
she solemnized marriage with the present appellant and Article 'A' is the
copy of registration of marriage which has been issued in their favour.
Keeping in view the photographs as well as certificate of marriage, it is a
case of mutual relationship between the present appellant and the
prosecutrix. He is ready to abide by all the conditions as may be imposed
by this Court. Conclusion of trial will take time. It is thus prayed that the
appellant be released on bail.
4 . Per contra, learned counsel for the State has opposed the bail
application/appeal and prayed for its rejection.
5. Heard learned counsel for the parties and perused the case diary.
6 . Considering the submissions made by learned counsel for the
parties and the entire facts and circumstances of the case, this Court is
inclined to release the present appellant on bail. Thus, without commenting
on the merits of the case, the appeal is allowed and it is directed
that appellant be released on bail upon his furnishing a personal bond in the
sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one solvent
surety in the like amount to the satisfaction of the concerned trial
Court/Committal Court.
7 . This order will remain operative subject to compliance of the
following conditions by the appellant :-
NEUTRAL CITATION NO. 2026:MPHC-JBP:18874
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"i) The appellant will comply with all the terms and conditions of the
bond executed by him;
ii) The appellant will cooperate in the investigation/trial, as the case
may be;
iii) The appellant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
iv) The appellant shall not commit an offence similar to the offence of
which he is accused;
v) The appellant will not seek unnecessary adjournments during the
trial;
vi) The appellant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
vii) If any of the aforesaid conditions is violated, then this order shall
loose its effect automatically."
8 . Copy of this order be sent to the trial Court concerned for
compliance by the office of this Court.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
DV
