Shabnam Ali vs The State Of Madhya Pradesh on 4 May, 2026

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

          NEUTRAL CITATION NO. 2026:MPHC-JBP:34433




                                                                  1                       MCRC-19478-2026
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                       HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                      ON THE 4 th OF MAY, 2026
                                             MISC. CRIMINAL CASE No. 19478 of 2026
                                                      SHABNAM ALI
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                 Shri Gyan Prakash Tripathi, learned counsel for applicant.
                                 Ms. Shweta Yadav, learned Deputy Advocate General for respondent/State.

                                                                  ORDER

Learned counsel for the State submits that the victim has been duly informed about filing of this bail application.

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.15/2026 registered at Police Station- Gorabazar, District Jabalpur (M.P.) for offence punishable under Sections 137(2), 64(1), 64(2), 115(2), 351(m), 87, 3(5) of B.N.S.2023 and section 5(1) read with and section 6, 5(j)(ii) read with section 6 of the POCSO Act sections 3(1)(a), 3(1)(b), 5 of the M.P.

Freedom of Religion Act and section 9, 10, 11 of the Prohibition of Child Marriage Act. Applicant is in judicial custody since 13.04.2026.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged

NEUTRAL CITATION NO. 2026:MPHC-JBP:34433

2 MCRC-19478-2026 offence. Merely for the reasons, she is a neighbour of main accused Arbaz and his parents. Applicant was not aware of minority of victim. Learned counsel that it is a case of romantic relationship between Arbaz and victim. When the relationship could not continue, false allegation of forceful marriage levelled against the applicant. Initially the victim did not alleged complexity of the applicant in her written complaint or the statements recorded under Section 164 of Cr.P.C. but in her supplementary statement, she alleged that applicant participated in her child marriage as her mother. There is no likelihood of tampering with evidence by the applicant for the reason that she is not capable of influencing the witnesses. The trial would take time to conclude. Jail incarceration is causing hardship to the applicant and the dependent family. Applicant is ready to cooperate in the trial. Applicant is aged around 46 years and is a homemaker by profession.

Therefore, applicant be extended the benefit of bail.

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. She is aged around 46 years and is homemaker by profession.

As per the accusation on case diary, Arbaz and his parents, enticed minor victim to marry Arbaz concealing his identity and religion. The victim was compelled to convert to other religion. Applicant participated in the Nikah of victim with Arbaz as her mother. Later, victim was subjected to penetrative sexual assault by main accused Arbaz, She delivered a child on 15/10/2025. After matrimonial dispute with husband and mother-in-law, victim went to her parental home. On such allegation, PS Gorabazar, District Jabalpur registered FIR registered at Crime No.15/2026 against the applicant. The applicant was arrested

NEUTRAL CITATION NO. 2026:MPHC-JBP:34433

3 MCRC-19478-2026 on 13.04.2026. She is in custody ever since. The final report has been filed on completion of investigation. The trial would take time. The veracity of the prosecution and complicity of the applicant in the alleged offence will be considered after evidence in trial.

As informed, the applicant has family responsibilities. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal past, 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 applicant. However, the observations, herein-above, are recorded for present application only.

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, however, on stringent conditions in view of second prosecution. Thus, the application is allowed.

Accordingly, it is directed that applicant- Shabnam Ali 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.75,000/- (Rupees Seventy five 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 ।

NEUTRAL CITATION NO. 2026:MPHC-JBP:34433

4 MCRC-19478-2026 (2) Applicant shall not commit or get involved in any offence ; (2) आवेदक 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, specially the victim, 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 वशेषतया पी ड़त 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 नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।

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.

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/she had explained the conditions to the concerned accused or the surety.

C.C. as per rules.

(SANJEEV S KALGAONKAR) JUDGE