Bhagwat vs The State Of Madhya Pradesh on 4 May, 2026

         NEUTRAL CITATION NO. 2026:MPHC-JBP:34366




                                                                   1                            CRA-2264-2026
                                IN     THE       HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                            BEFORE
                                          HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
                                                         ON THE 4 th OF MAY, 2026
                                                   CRIMINAL APPEAL No. 2264 of 2026
                                                         BHAGWAT
                                                           Versus
                                          THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                Shri Pradeep Kumar Naveriya - Advocate for the appellant.
                                Shri Shivam Dubey - Panel Lawyer for the respondent/State.

                                                                    ORDER

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 27.02.2026 passed in Bail Application No.119 of 2026 by the Special Judge, SC/ST (POA) Act, Narsinghpur (M.P.), whereby his bail application filed under Section 483 of BNSS, 2023, has been rejected.

2. The appellant has been arrested on 21.02.2026 relating to FIR/Crime No.76 of 2026 registered at police station - Themi, District Narsinghpur; for offence punishable under Sections 64(1), 351, 332C of the Bharatiya Nyaya Sanhita and Sections3(2)(v), 3(1)(w-i), 3(1)(w-ii) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989.

3. It is submitted by the learned counsel for the present appellant that present appellant is in custody since 21.02.2026. The charge sheet has already been filed. As per the prosecution's case, the alleged offence of rape is stated to have been committed on the night of 05.02.2026; however, the report was lodged only on 20.02.2026, when the prosecutrix was recovered by the police. It is submitted that

NEUTRAL CITATION NO. 2026:MPHC-JBP:34366

2 CRA-2264-2026 the present case pertains to a consensual relationship between the prosecutrix and the appellant. The prosecutrix is 30 years of age, while the appellant is 27 years old. The prosecutrix is a married woman and has children. It is further submitted that the DNA report and the FSL report do not support the prosecution's case. The appellant has a good case on merits. The appellant is ready to comply with the conditions as may be imposed by this Court. The conclusion of trial will take considerable time. In view of the aforesaid submissions, it is prayed that the appellant may be released on bail.

4. Per contra , learned counsel for the State has opposed the prayer of bail and prayed for rejection of appeal.

5. Heard learned counsel for the parties and perused the case diary.

6. Considering the submissions made by learned counsel for the parties and

keeping in view the attending facts and circumstances of the case, this Court is inclined to release the appellant on bail. Thus, without commenting on the merits of the case, the appeal is allowed and it is directed that the appellant be released on bail upon his furnishing a personal bond in the sum of Rs.70,000/- (Rupees Seventy Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court/Committal Court.

7. This order will remain operative subject to compliance of the following conditions by the appellant:-

"i) The appellant shall comply with all the terms and conditions of the bond executed by him;

ii) The appellant shall cooperate in the investigation/trial, as the case may be;

iii) The appellant shall not indulge himself in

NEUTRAL CITATION NO. 2026:MPHC-JBP:34366

3 CRA-2264-2026 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;