[Cites 3, Cited by 0]
Madhya Pradesh High Court
Gokul vs The State Of Madhya Pradesh on 20 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:7625
1 MCRC-10918-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 20th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10918 of 2026
GOKUL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Padmnabh Saxena- Advocate for the applicant.
Shri Romil Verma GA for the State..
ORDER
1. Learned counsel for the State informs that notice to the victim has
duly been served.
2. This first 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. 428 of 2025 registered at Police Station- Rajgarh,
District- Dhar (M.P.) for offence punishable under Sections 137(2), 87, 64(2)
(m), 127(, 115(2) and 351 (3) of the BNS, 2023 and section 5L/6 of the
POCSO Act and section 3(2)(v) of the SC and ST (Prevention of Atrocities)
Act. Applicant is in judicial custody since 09/12/2025.
3. Heard the arguments.
4. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
5. 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. The applicant is a driver by profession. He provides
vehicle on rent. The victim was not well acquainted with the applicant. No
offence, as alleged, is committed by the applicant. The final report has been
submitted on completion of investigation. 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 for the reason that he is not capable for influencing the witnesses.
The trial would take time to conclude. Jail incarceration is causing hardship
to the young applicant and the family. Applicant is ready to cooperate in the
trial. The alleged offence is not heinous or brutal in nature affecting society
at large.
6. 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 20 years. He is agriculturist by profession.
7. As per the accusation on case diary, the applicant in association
with other accused Sunil, Shubham and Balram assisted in kidnapping minor
victim. They took the minor victim in Tevera Car of the applicant to
Jamnagar and Hambatiya. They left the victim with the child in conflict-in-
law. The child in conflict-in-law committed sexual assault with the victim.
The victim was recovered from village - Pachpipaliya in custody of the child
in conflict-in-law. The applicant was arrested on 09/12/2025. He is in
custody ever since. The final report has been filed on completion of
NEUTRAL CITATION NO. 2026:MPHC-IND:7625
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investigation and the trial is under way. The trial would take time to
conclude. The contentions advanced by the applicant have prima-facie merit
and cannot be dismissed as manifestly baseless. The veracity of the
prosecution and complicity of the applicant in the alleged offence will be
considered after evidence in trial.
8. As informed, the applicant is still dependent on family and
survives on ocassional driver work. 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 evidence or
influencing the witnesses by the applicant. There appears to be no
compelling reason to continue incarceration of the young applicant.
However, the observations, herein-above, are recorded for present
application only.
9. 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.
10. Accordingly, it is directed that applicant- Gokul 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. 50,000./- (Rupees
Fifty 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
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4 MCRC-10918-2026
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 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 भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त
करे गा
11. 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.
12. 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 had explained
the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
