[Cites 6, Cited by 0]
Madhya Pradesh High Court
Shakil Ahemad vs The State Of Madhya Pradesh on 11 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6510
1 MCRC-8536-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 8536 of 2026
SHAKIL AHEMAD
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Mohd. Rafik Sheikh advocate for the applicant.
Shri Viraj Godha public prosecutor for State.
ORDER
1. This second application has been filed by applicant under
Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of
regular bail in connection with Crime No. 157 of 2025 registered at
Police Station- Jharda District Ujjain (M.P.) for offence punishable
under Sections 74, 75(1), 351(3) of BNS, Section 11(v), 12, 9C, 9f, 10 of
POCSO Act and Sections 3(1)(w)(i) and 3(2)(va) of SC/ST (Prevention
of Atrocities) Act. Applicant is in judicial custody since 26.07.2025. His
first bail application was dismissed as withdrawn vide order dated
13.10.2025 passed in MCRC No. 37405/2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application,
case diary and the relevant material on record.
NEUTRAL CITATION NO. 2026:MPHC-IND:6510
2 MCRC-8536-2026
4. Learned counsel for the applicant in addition to the grounds
mentioned in the application submits that the applicant is falsely
implicated in the alleged offence. No offence, as alleged, is committed
by the applicant. The local elements wanted to transfer him from the
School to facilitate posting of earlier teacher, therefore, minor girls were
tutored to make false allegation against the present applicant. The trial is
underway. Material prosecution witness have been examined. There is
no likelihood of tampering with remaining evidence by the applicant for
the reason that he is not capable of influencing remaining witness. The
applicant is a Government Teacher. He has a family to look after. Jail
incarceration is causing hardship to the applicant and the dependent
family. Applicant is ready to cooperate in the trial. The alleged offence is
not heinous or brutal in nature affecting society at large.
5 . Per contra, learned counsel for the State opposes the
application on the ground of gravity of alleged offence. Learned counsel
refers to two criminal antecedents against the applicant as mentioned in
the case diary. Applicant is aged 52 years. He is teacher by profession.
6. In reply, learned counsel for the applicant submits that
applicant was acquitted in relation to crime No. 249/2010 vide
judgement dated 26.10.2016 passed in RCT No. 1205/2010, other matter
is pending for trial. The applicant has never been convicted for any
offence.
6. According to the accusation on case diary, the victim aged
NEUTRAL CITATION NO. 2026:MPHC-IND:6510
3 MCRC-8536-2026
around 13 years alongwith her friends reported to the Police Station
Jharda on 17.07.2025 that a month before, on 18.06.2025, they went to
School. Shakil Ahmad called them to the Library. When they went to
Library, Shakil Ahmad touched them inappropriately on their breast and
waist. Shakil Ahmad threatened to kill them. Later, they informed their
parents and came to report. On such allegations, the Police Station
Jharda registered FIR for offence punishable under Sections 74, 75(1),
351(3) of BNS, Section 11(v), 12, 9C, 9f, 10 of POCSO Act and
Sections 3(1)(w)(i) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act
against Shakil Ahmad Nagori. The applicant Shakil Ahmad Nagori was
arrested on 26.07.2025. He is in custody ever since. The final report was
submitted on completion of investigation. The trial is underway. The
material prosecution witness i.e. victim (PW-1), victim (P-2) and victim
(PW-3) have been examined. The cross-examination of the
victims prima facie suggest the possibility of the contentions raised by
the counsel for the applicant. The veracity of the prosecution and the
complicity of the applicant will be determined after evidence in trial.
7. As informed, the applicant has the family responsibility.
Considering these aspects, there appears to be no possibility of fleeing
from justice. In absence of substantial criminal past and previous
conviction for any offence, considering the socio-economic status of the
applicant, there appears to be no likelihood of recidivism or tampering
with evidence or influencing the witnesses by the applicant. There
NEUTRAL CITATION NO. 2026:MPHC-IND:6510
4 MCRC-8536-2026
appears to be no compelling reason to continue incarceration of the
applicant. However, the observations, herein-above, are recorded for
present application only.
8. 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.
9. Accordingly, it is directed that applicant- Shakil Ahemad
Nagori shall be released on bail in connection with 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
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 asunder):-
(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 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
NEUTRAL CITATION NO. 2026:MPHC-IND:6510
5 MCRC-8536-2026
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 ।
10. 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.
11. 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
BDJ
