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Madhya Pradesh High Court
Akash Gautam vs The State Of Madhya Pradesh on 23 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-JBP:23967
1 CRA-2559-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 23rd OF MARCH, 2026
CRIMINAL APPEAL No. 2559 of 2026
AKASH GAUTAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manish Kumar Tiwari advocate for the appellant.
Shri Anil Upadhayay public prosecutor for State.
ORDER
1. 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 02.3.2026 passed by Special
Judge SC/ST (P.A.) Act Panna, District Panna (M.P.), whereby bail
application u/S 483 of Bharatiya Nagarik Suraksha Sanhita 2023 of
appellant has been rejected. The appellant is in custody since
26.11.2025.
2. Being aggrieved by the impugned order, the appellant has
filed present criminal appeal for grant of bail to the appellant in
connection with Crime No. 543/2025 registered by P.S. Devendra
Nagar, District Panna (M.P.) for the offence punishable under
Sections 64(1), 332(B), 351(3) of the BNS 2023 and Section 3(1)(w)
NEUTRAL CITATION NO. 2026:MPHC-JBP:23967
2 CRA-2559-2026
(i), 3(2) (v) and 3(2)(va) of the SC & ST (Prevention of Atrocities)
Act.
3. Learned counsel for the State submits that intimation u/S 15A
of SC/ST(Prevention of Atrocities) Act has been given to the
complainant.
4. Learned counsel for the appellant in addition to the grounds
mentioned in the appeal memo submits that the appellant has been
falsely implicated in the alleged offence. The alleged offence was not
committed by the appellant. DNA examination report clearly
exonerates the appellant. The trial Court has committed an error in
rejecting the application for grant of bail without properly
considering the scientific evidence of DNA report. The final report
has been submitted on completion of investigation. There is no
likelihood of tampering with evidence by the appellant. No criminal
antecedent is reported against the appellant. The trial would take time to
conclude. The appellant is ready to cooperate in the trial. On these
grounds, learned Counsel prays that learned Special Judge has
committed an error in rejecting the application for bail, therefore, the
impugned order be set aside and the appellant may be extended the
benefit of bail.
5. Per contra, learned counsel for the State opposes the bail
application on the ground of gravity of alleged offence. However,
after going through the case diary, he fairly submits that no criminal
NEUTRAL CITATION NO. 2026:MPHC-JBP:23967
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antecedent is reported against the appellant. Appellant is aged around
23 years, he is a labourer by profession and is still dependent on family
and survives on occasional labour work.
6. Heard the rival contentions of the parties, perused the grounds for
grant of bail stated in the appeal and the case diary.
7. As per accusation on case diary, the complainant, aged around 55
years, submitted a written complaint to the SHo, Police Station
Devendra Nagar on 19.11.2025 that on previous night i.e. 18.11.2025,
around 12:00 in the night, somebody caught hold of her and forcefully
committed rape with her. She switched on the torch in the mobile phone
and saw that her neighbour Akash Gatam was the assailant. Akash
threatened to kill her if she informs anyone. Meanwhile, husband came
in the room. Thereafter, Akash fled away. She informed the incident to
her husband. On such allegations, the Police Station Devendra nagar
registered FIR for offence punishable under Sections 64(1), 332(B),
351(3) of the BNS 2023 and Section 3(1)(w)(i), 3(2) (v) and 3(2)(va)
o f the SC & ST (Prevention of Atrocities) Act. The appellant was
arrested on 26.11.2025. He is in custody ever since. The trial would take
time to conclude. The contentions advanced by the appellant have
prima facie merit and cannot be dismissed as manifestly baseless.
The DNA report does not substantiate the accusation of sexual
assault by the appellant. The veracity of prosecution and complicity
of appellant will be decided after evidence in trial. The trial court
committed error in declining bail to applicant in view of above facts.
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8. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the
merits, while setting aside the order dated 02.03.2026 passed by the Trial
Court, this Court is inclined to release the appellant on bail. Thus, the
appeal is allowed.
9. Accordingly, it is directed that the appellant - Akash
Gautam shall be released on bail in connection with Crime as
mentioned in para 2 of this order, upon furnishing a personal bond in
the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with one
solvent 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) Appellant shall remain present on every date of hearing as
may be directed by the concerned court;
(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij
mifLFkr jgsxkA
(2) Appellant shall not commit or get involved in any offence
of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr
ugha gksxkA
(3) Appellant 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) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k
:i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks
U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA
(4) Appellant shall not directly or indirectly attempt to
tamper with the evidence or allure, pressurize or threaten the
witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k
NEUTRAL CITATION NO. 2026:MPHC-JBP:23967
5 CRA-2559-2026
lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl
ugha djsxkA
(5) During trial, the appellant shall ensure due compliance of
provisions of Section 309 of Cr.P.C. regarding examination of
witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk
309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA
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 of this order.
10. 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
BDJ
