IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

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ON THE 16 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 45835 of 2025 SAMRATLAL Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Anopam Chouhan - Advocate for the applicant.

Shri Virendra Khadav - G.A. for the State.

Shri Bheemsen Soni - Advocate for the respondent [COMP].

ORDER

1] They are heard and perused the charge-sheet.

2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.414/2025 registered at Police Station Pithampur, Sector-1, District Dhar (MP) for offence punishable under Sections 69 of B.N.S., 2023. The applicant is in custody since

26/08/2025.

3] The allegation against the applicant is of rape on the pretext of marriage.

4] Counsel has submitted that the admittedly the prosecutrix was having an affair with the applicant and the FIR in the present case was lodged by the prosecutrix on 26/08/2025 whereas the incident is said to have taken place from 01/01/2023 to 20/08/2025, and on account of a dispute, she has lodged the FIR alleging that on the pretext of marriage, the applicant had committed rape on her whereas she is a married woman having children. Thus, it is submitted that as the applicant is lodged in jail since 26/082025, charge sheet has already been filed and final conclusion of trial is likely to take sufficient long time, the application be allowed.

5] Counsel for the State as also the objector on the other hand, have opposed the prayer, and it is submitted that no case for grant of bail is made out as the applicant has exploited the prosecutrix.

6] Having considered the rival submissions, perusal of the case diary, it is apparent that the FIR has been lodged on 26/08/2025, whereas the date of incident is said to be between 01/01/2023 to 30/08/2025, and the prosecutrix was a consenting party, however, if the physical relationship was entered by the applicant on the pretext of marriage, is a question to be decided by the trial Court, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8] Accordingly, the application is allowed and disposed of.

C.c. as per rules.

(SUBODH ABHYANKAR)

JUDGE krjoshi