IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 11 OF NOVEMBER, 2025 MISC. CRIMINAL CASE No. 46100 of 2025 SHRWAN ANJANA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Deepak Kumar Rawal, Advocate for the applicant.

Shri Romil Verma, Govt. Advocate for the respondent/State.

Shri Jitendra Sharma, Advocate(through VC) for the respondent[comp].

ORDER This first application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.460/2025, registered at Police Station - Nanakheda, District Ujjain (M.P.) for offence punishable under Sections 64(1) and 351(3) of BNS, 2023. The applicant is in judicial custody since 22.09.2025.

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 offence. It is a case of consensual relationship. No offence, as Signature Not Verified alleged, is committed by the applicant. The DNA report also does not implicate the applicant. Final report has been submitted on completion of investigation. There is no likelihood of tampering with the evidence by the applicant. Jail incarceration is causing hardship to the applicant and dependent family. Applicant is ready to cooperate in the trial.

Per contra, learned counsel for the respondent/State ably assisted by learned counsel for the objector/complainant opposes the application on the ground of gravity of alleged offence. Learned counsel further refers to 04 criminal antecedent of the applicant as mentioned in the case diary.

In reply, learned counsel for the applicant submits that the applicant was acquitted in Crime No.341/2017 and Crime No.185/2018 registered at P.S. Bherugarh, District Ujjain. The other two matters registered vide Crime No.302/2017 and Crime No.23/2023 are pending for trial. Applicant has never been convicted for any offence.

According to the material available on case diary, the complainant aged around 20 years reported to P.S. Nanakheda, District Ujjain(M.P.) on 22.09.2025 at 01.42 a.m. that on previous evening around 07.30, Shrwan Anjana(applicant) called her and promised to introduce her to a property dealer for job. Shrwan took her to Madhuram Hotel. Shrwan forcefully committed rape on her. Shrwan had physical relations with her under false promise to get her job. She went outside of the room and called the Police on No.112. She went to Police Station Nanakheda and lodged the report. On such allegations, the P.S. Nanakheda registered FIR for offence punishable under Sections 64(1) of BNS, 2023 against applicant Shrwan. Accordingly, Signature Not Verified applicant was arrested on 22.09.2025. The final report was submitted on completion of investigation. The DNA report reveals absence of Y- chromosome STR DNA Profile from the private part of the victim. The veracity of prosecution and complicity of the applicant will be determined after evidence in the trial.

As informed, the applicant is aged around 34 years. He is an agriculturist by profession and has responsibility of dependent family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of substantial criminal past and previous conviction for any major offence, considering the socio-economic status of the applicant, there appears to be no likelihood of 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. Thus, the applicatio