Bail can be granted when the applicant demonstrates compliance with conditions and absence of flight risk, despite allegations.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA nd ON THE 22 OF AUGUST, 2025 MISC. CRIMINAL CASE No. 29961 of 2025 LAL @ ASAD KHAN Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Mr. Vivek Kumar Vyas - Advocate for the applicant.

Mr. Abhishek Bhadoriya - Public Prosecutor for respondent/State.

ORDER This is First application filed by the applicant under Section 483 of the BNS S for grant of bail relating to FIR No. 272 of 2025 registered at Police Station Kotwali, District Vidisha (M.P.) for the offence under Section 137(2), 87 and 64 of BNS and Section 5L /6 of POCSO Act and Section 3(2)

(v) of SC/ST Act .

2. Allegation against the present applicant is that he committed rape upon the prosecutrix.

3. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that entire prosecution story is suspicious in the light of the fact that prosecutrix in her court statement clearly stated that her age is 19 years and she made physical relationship with the applicant on many occasions on her own volition.

Signature Not Verified Prosecutrix has also submitted that she wants to live with the applicant and her parents have lodged the report because they could not find her at home. Further submission is that since the statement of the prosecutrix has been recorded, therefore, question of influencing her does not arise. It is further submitted that earlier, the same prosecutrix made a complainant against the present applicant for the offence under Section 354 of IPC, which constitutes his only criminal history. Applicant is the permanent resident of District Bhopal (M.P.), therefore, there is no possibility of his absconsion or tampering with the prosecution evidence. The applicant is in custody since 10/05/2025. He is ready to abide by all the terms and conditions imposed by this Court while granting bail. On these grounds, he prays for grant of bail to the applicant.

4. Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal stating that he is having criminal history of one case. However, he agreed that the same prosecutrix had made a complaint against the present applicant.

5. Heard learned counsel for the rival parties and perused the case diary available on record.

6. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Signature Not Verified Court/committal Court.

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

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be; 3) The applicant will not indulge himself in 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;

4) The applicant shall not commit any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench;

5) The applicant will not seek unnecessary adjournments during the trial;

and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

8. E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.