IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 18 OF NOVEMBER, 2024 MISC. CRIMINAL CASE No. 48380 of 2024 SALMAN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Himanshu Thakur advocate for applicant.

Shri Apoorv Joshi public prosecutor for State.

ORDER This first application has been filed by applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.339/2024 registered at Police Station Pipalrawan, Sonkatch District Dewas (M.P.) for offence punishable under Section (s) 74, 75(1)(i), 78(1)(i),79, 351(2) of the BNSS, 2023 and Section 3/5 of the Madhya Pradesh Freedom of Religion Act, 2021. The applicant is in judicial custody since 5.10.2024.

As per the case of prosecution, the victim aged around 20 years reported to PS Pipalrawan, District Dewas(M.P.) on 24.09.2024 that she got friendly with Israil Khan. They used to communicate on phone and WhatsApp Chat. She was engaged in May, 2024, therefore, she stopped communication with Israil. Israil started following her. Israil proposed to marry her, but she refused. Israil was making indecent gestures, therefore, she stopped moving out of her home. On 18.09.2024 around 09.00 in the morning she called Israil and asked not to follow. Israil called her to meet, therefore, she went outside the village. Israil touched her inappropriately. Israil forcefully compelled her to sit on his motorcycle and drove Signature Not Verified Signed by: BHUNESHWAR her to Lalita Pushpa Devi temple of Pipalrawan, Israil left her there. She was frightened, therefore, she went to Dewas by bus. Meanwhile, her family members lodged missing person report. As she was frightened, she did not inform her parents about harassment by Israil. Later, she informed them and came to report. On such allegations, PS Pipalrawan, District Dewas(M.P.) registered FIR at crime No.339/2024 for offence punishable under Section (s) 74, 75(1)(i), 78(1)(i), 79, 351(2) of the BNSS, 2023 against Israil. The prosecutrix in her statement recorded under Section 183 of the BNSS further alleged that Israil was threatening her for conversion to his religion, therefore, prosecution for offence punishable under Section 3/5 of the Madhya Pradesh Freedom of Religion Act, 2021 was added. Israil in his statement recorded under Section 23(2) of BNSS, 2023, informed that he alongwith Salman and Sazid had conspired to convert the religion of victim. Accordingly, Salman was arrested on 5.10.2024. He is in custody ever since. On completion of investigation, final report was submitted.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in the matter merely on information given by Israil in police custody. No offence as alleged is committed by the applicant. It is a case of friendly relationship between two young adults. Learned counsel further submits that the applicant is aged 20 years. He is a labourer by profession. There is no likelihood of absconsion leaving his family, home and profession. No criminal antecedent is reported against the applicant. There is no likelihood of tampering with the evidence by the applicant. The trial would take time to complete. Main accused Israil is extended benefit of bail by this court vide order dated 13.11.2024 passed in M.Cr.C. No. 48538 of

2024. Therefore, the applicant may be extended the benefit of bail.

Signature Not Verified Signed by: BHUNESHWAR Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence.

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

Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant- Salman shall be released on bail i