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

th

ON THE 13 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 56254 of 2025 DANISH MIRZA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Sankit Kumar Atulkar - Advocate for the applicant.

Shri Romil Verma -GA appearing on behalf of Advocate General[r-1].

ORDER

1] They are heard and perused the case diary.

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.353/2025 (RCT/1172/2025) registered at Police Station Khargone, District- Khargone (MP) for offence punishable under Sections 140(4), 142, 64(1), 351(3), 3/5 of the Bharatiya Nyaya Sanhita, 2023 and section 3/5 of the Madhya Pradesh Freedom of Religion Act, 2021. The applicant is in custody since 14.8.2025. 3] The allegation against the applicant is of abduction and rape.

4] Counsel for the applicant has submitted that the prosecutrix and the applicant were having an affair, and because of his religion, a false case has been registered against him. A copy of the letter written by the prosecutrix is filed on record in which she has stated that she is in love with the applicant and is also ready to convert her religion, and the aforesaid letter has been written by her because she does not have a phone.

5] Counsel for the applicant has drawn attention of this Court to various whatsapp chat and photographs of the applicant and the prosecutrix, and also to another letter written by the prosecutrix in which she has stated that she has been forced to lodge the FIR against the applicant and she is locked in the house. It is further submitted that the applicant is lodged in jail since 14.8.2025 and the conclusion of trial will take sufficiently long time, thus, it is prayed that the application be allowed.

6] Counsel for the respondent/State, as also the objector, have vehemently opposed the prayer, and it is submitted that the applicant has apparently tried to convert the religion of the prosecutrix from Jainism to Islam and, thus, the conversion of religion is clearly made out; thus, no case for grant of bail is made out.

7] Heard. Having considered the rival submissions and on perusal of the case-diary and taking note of the documents filed on record by the applicant, the charge sheet has already been filed, the applicant is lodged in jail since 14.8.2025, and the conclusion of the trial will take sufficiently long time, this Court is inclined to allow the present application.

8] 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.

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

(SUBODH ABHYANKAR)

JUDGE das