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Madhya Pradesh High Court
Pankaj Parihar vs The State Of Madhya Pradesh on 20 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:7633
1 MCRC-10876-2026
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. 10876 of 2026
PANKAJ PARIHAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Karan Kachhwaha - Advocate for the applicant.
Shri Romil Verma GA for the 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. 344 of 2025 registered at Police Station- Mohan
Badodiya, District- Shajapur (M.P.) for offence punishable under Sections
140(3), 351(3), 64(2)(m), 78, 87 of the BNS, 2023 and section 5/6 of the
POCSO Act and section 66(E), 67(A), 67(B) and of the Information
Technology (Amendment) Act. Applicant is in judicial custody since
04/12/2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant in addition to the grounds
mentioned in the application submits that the applicant is falsely implicated
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in the alleged offence. It is a case of romantic relation between adolescents.
When their relationship turned sour, false allegations of rape are leveled
against the applicant. Learned counsel referring to the evidence of the victim
PW1 and her mother PW2, contends that the victim herself has forwarded her
photographs to implicate 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
applicant is a student and pursuing study 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.
5. 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 19 years. He is a student and pursuing
studies.
6. As per the accusation on case diary, the victim aged around 19
years and 9 months reported to the Police Station - Mohan Badodiya,
District- Shajapur that she got friendly with Pankaj Parihar (applicant) six
years ago. They had liking for each other. Pankaj proposed to marry her and
had physical relations with her, but Pankaj married elsewhere in April, 2025,
therefore, she stopped communicating with Pankaj, but Pankaj continued
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chasing her. Pankaj was asking her to flee with him. She declined. Pankaj
threatened to make her photos viral. On 17/10/2025, Pankaj forcefully took
her to Indore. They stayed in a rented room. They had physical relations. On
23/10/2025, Pankaj left her and went to his village. Pankaj forwarded her
obscene photos and videos to her mother and also made them viral. On such
allegation, the Police Station - Mohan Badodiya registered FIR for offence
punishable under Sections 140(3), 351(3), 64(2)(m), 78, 87 of the BNS, 2023
and section 5/6 of the POCSO Act and section 66(E), 67(A), 67(B) of the
Information Technology (Amendment) Act. Applicant was arrested on
04/12/2025 and he is in custody ever since. The final report has been filed on
completion of investigation and the trial is under way. The material
prosecution witness have been examined. 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.
7. As informed, the applicant is pursuing studies and still dependent
on family. 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.
8. Considering the rival contentions and overall circumstances of the
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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- Pankaj 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
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
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
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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
