IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 11 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 57138 of 2025 AYAN PATHAN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Mukul Prajapati - Advocate for the applicant.

Ms. Anjali Gyanani - Public Prosecutor for the State.

ORDER This is the first bail application 483 of BNSS filed by the applicant for grant of bail. He has been arrested on 14.11.2025 by Police Station Cantt., District Guna in connection with Crime No.1020 of 2025 registered in relation to the offence punishable under Section 14 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990.

As per prosecution story, the applicant/accused had been externed for a period of one year from the territorial limits of District Guna and its adjoining districts—Bhopal, Rajgarh, Shivpuri, Vidisha, and Ashoknagar— by order of the Collector and District Magistrate, Guna, bearing Order No. 01/District-Exile/2025/368-378 dated 24.04.2025. Despite the subsistence of the said externment order, the accused unlawfully re-entered the prohibited area. On 14.11.2025, during routine patrolling, the police received credible information from an informant regarding the presence of the externed accused within Guna city. Acting on this intelligence, the police verified through the wireless control room that the accused was indeed subject to an active externment order. The information was thereafter communicated to witness Rajaram Ahirwar, who accompanied the police party to the location indicated by the informant. Upon reaching the spot, the accused was surrounded with the assistance of local bystanders and apprehended. On being detained, he disclosed his identity as Ayaan Khan (present applicant). Subsequent verification established that he was in clear violation of the District Magistrate’s externment order dated 24.04.2025, thereby contravening the conditions restricting his entry into Guna and the surrounding districts for one year. Since the accused’s conduct amounted to a punishable offence under Section 14 of the M.P. Rajya Suraksha Adhiniyam, 1990, he was formally arrested, and the case was taken up for investigation. The accused has remained in judicial custody since

14.11.2025.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and no offence under Section 14 of the M.P. Rajya Suraksha Adhiniyam, 1990, is made out against him. It is argued that the applicant did not intentionally or wilfully violate the externment order, and his presence within the district limits was purely inadvertent and without any criminal intent. Learned Counsel further submits that the applicant has been in custody since 14.11.2025, and his continued detention is unwarranted, as the investigation has already been completed and the charge-sheet has been duly filed before the competent court. Therefore, no further custodial interrogation of the applicant is required. It is also submitted that the applicant is a permanent resident of District Guna and there is no likelihood of his absconding or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Per contra, learned Public Prosecutor for the State vehemently opposed the application and prayed for its rejection submitting that the applicant was duly externed for a period of one year by the lawful order of the District Magistrate, Guna, and despite having clear knowledge of the said order, he deliberately and wilfully re-entered the prohibited district limits. It is further submitted that this conduct amounts to a conscious and intentional violation of the externment direction, thereby attracting the rigours of Section 14 of the M.P. Rajya Suraksha Adhiniyam, 1990. It is further submitted that the applicant is a habitual offender and has as many as 15 criminal cases registered against him, w