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

th

ON THE 7 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 58742 of 2025 BHAGWAN Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Sunil Gupta -Senior Advocate with Shri Shreyash Atlasia-

Advocate for the applicant.

Shri Hemant Sharma -Govt. Adv. appearing on behalf of Advocate General.

ORDER

1] This is the first bail application filed by the applicant under Section

483 of Bhartiya Nagrik Suraksha Sanhita, 2023, as he / she is implicated in connection with Crime No.493/2025, registered at Police Station- Anjad, District-Barwani (MP) for offence punishable under Sections 64(1), 64(2) (M), 69, 126(2), 351(3), 61(2), 318(4), 3(5) of the BNS, 2023. The applicant is in custody since 13.03.2025.

3] Allegation against the applicant is of his involvement in the aforesaid case of gang rape wherein, the allegations of rape has been made against as many as 6-7 persons.

4] Counsel for the applicant has submitted that the applicant has been falsely implicated in the case as it is a case of honey trap only, which is also apparent from the story of the prosecution, as has been stated in the FIR, which has been lodged on 24.11.2025, in respect of the incidents which took place between 13.03.2023 and 04.10.2025 within a span of around two and a half years. It is also submitted that the main allegations are against the co- accused Manish only against whom, the FIR has been lodged. Counsel has further submitted that there is no recovery effected from the present applicant and the FSL or DNA report is not available. Counsel has also submitted that the conduct of the prosecutrix be also noted wherein despite making serious similar allegations against the other two accused persons, she has agreed to withdraw the complaint against them. In such circumstances, the application deserves to be allowed.

5] Counsel for the respondent / State, on the other hand has opposed the prayer.

6] During the course of the argument the respondent no.2/prosecutrix also appeared in the Court and she has stated that she has no objection if the FIR lodged against the co-accused Pawan and Devram is allowed. On a query made by this Court, the proseuctrix has also submitted that she does not wish to prosecute the petitions of Pawan and Devram.

7] Heard. Having considered the rival submissions and on perusal of the case diary, and the fact that the FIR has been lodged after a period of around two and a half years after the initial date of the cause of action; whereas against the present applicant she has stated that she had sexual intercourse with the applicant in January 2025. In such circumstances, this Court finds that the further custody of the applicant does not appear to be necessary specially when no further recovery or discovery is to be made from him.

8] Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. Applicant-Bhagwan S/o Tikam Solanki is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees Twenty Five thousand only) 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 480(3) BNSS, 2023.

9] With the aforesaid, the M.Cr.C. stands allowed and disposed of.

(SUBODH ABHYANKAR)

JUDGE moni