IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 5 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 60434 of 2025

MANOHAR

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Krishnapal Singh Khichi, Advocate for the applicant.

Shri Aditya Garg, Govt. Advocate for the respondent/State.

ORDER defense of the applicant regarding consensual relationship. The alleged offence was not committed by the applicant. Learned counsel referring to the statement of victim recorded under Sections 183 of BNSS, 2023 contends that the victim had left her parental home at her own and went with the applicant. The determination of the age of the applicant during investigation is doubtful. The final report has been submitted on completion of investigation. The trial would take time to conclude. There is no likelihood of tampering with the evidence by the applicant for the reason that he is a labourer by profession and is not capable of influencing the witnesses. Jail incarceration is causing hardship to the young applicant and his family members. Applicant is ready to cooperate in the trial.

This first application has been filed by the applicant under Section 483 of

BNSS, 2023/439 of Cr.P.C. for grant of bail in connection with Crime No.307/2025, registered at Police Station - Bhojpur, District Rajgarh(M.P.) for offence punishable under Section(s) 87, 64(2)(m), 69 and 351(3) of BNS, 2023.

The applicant is in judicial custody since 07.11.2025.

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 matter. It is a case of consensual relationship between the youngsters. When their relationship was revealed to their family members, false allegation of rape is levelled against the applicant under pressure of family members. The delay in FIR substantiates

Per contra, learned counsel for the respondent/State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the present applicant.

According to the material available on case diary, the applicant called the victim out of her house in the night of 15.08.2025 and committed rape with her on promise of marriage. Again, on 29.10.2025, around 11.00 in the night, applicant came to the house of victim and took her to Biaora, Bhopal and Nagpur. They stayed in a hut at Nagpur. The Bhojpur Police intercepted them. The applicant was arrested on 07.11.2025. He is in custody ever since. The final report has been submitted on completion of investigation. The trial would take time to conclude. The FIR is delayed. The contentions raised by the applicant has prima facie substance. The veracity of prosecution and complicity of the applicant will be determined after evidence in the trial.

As informed, the applicant is aged around 21 years and labourer by profession. He is still dependent on his family and survives on occasional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent and 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 young 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 application is allowed.

Accordingly, it is directed that the applicant - Manohar shall be released on bail in connection with Crime, as mentioned in fir