Faijan Khan vs The State Of Madhya Pradesh
2026 Latest Caselaw 2497 MP

Citation : 2026 Latest Caselaw 2497 MP
Judgement Date : 13 March, 2026

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Madhya Pradesh High Court

Faijan Khan vs The State Of Madhya Pradesh on 13 March, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

          NEUTRAL CITATION NO. 2026:MPHC-GWL:8887




                                                               1                             MCRC-12040-2026
                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                                   ON THE 13 th OF MARCH, 2026
                                             MISC. CRIMINAL CASE No. 12040 of 2026
                                                     FAIJAN KHAN
                                                         Versus
                                       THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                                Shri Anand Kumar Jaiswal - Advocate for applicant.
                                Shri Atul Kumar Sharma - Public Prosecutor for respondent/State.

                                                                 ORDER

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

2. The applicant has been arrested on 19.02.2026 in connection with crime No.60/2026 registered at Police Station Bahodapur District Gwalior for offence punishable under Sections 137(2) of BNS added Sections 64(1), 87 of BNS and Section 5L/6 of POCSO Act.

3. As per the prosecution case, the allegation against the applicant is that he kidnapped and committed sexual assault upon the prosecutrix, who is stated to be

about 16 years of age.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that a bare perusal of the statements of the prosecutrix would reveal that no specific allegation of force, inducement, threat, or coercion has been levelled against the present applicant. It is also submitted that the trial is likely to take a considerable period of time for its conclusion, and continued incarceration of the applicant

NEUTRAL CITATION NO. 2026:MPHC-GWL:8887

2 MCRC-12040-2026 would serve no useful purpose. The applicant is a permanent resident of District Gwalior and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant undertakes to cooperate with the trial and abide by any condition that may be imposed by this Hon'ble Court. In view of the aforesaid facts and circumstances, it is prayed that this Hon'ble Court may be pleased to grant bail to the applicant.

5. Per contra, learned counsel for the State opposes the bail application and submits that the allegations against the applicant are grave and serious in nature. The applicant is accused of kidnapping and committing sexual assault upon the minor prosecutrix. Considering the seriousness of the crime, the vulnerability of the prosecutrix, and the possibility of the applicant influencing or intimidating the prosecutrix and other prosecution witnesses, the applicant does not deserve the

benefit of bail. The application is therefore liable to be rejected.

6. Heard counsel for the parties and perused the case diary.

7. In view of the totality of the facts and circumstances of the case, arguments advanced by learned counsel for the parties coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

8. Accordingly, without commenting on merits of the case, this bail application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court.

9. This order will remain operative subject to compliance of the following

NEUTRAL CITATION NO. 2026:MPHC-GWL:8887

3 MCRC-12040-2026 conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant 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;

4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;