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

nd

ON THE 2 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 4654 of 2026 MUKESH Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Manish Yadav - Advocate for the applicant.

Shri H. S. Rathore- Govt. Adv. appearing on behalf of Advocate General.

None for the respondent no.2/Victim.

ORDER

1] They are heard. Perused the case-diary/challan papers.

2] This is the applicant's first application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he/she is apprehending his/her arrest in connection with Crime No.14/2026, registered at Police Station Gandhwani, District-Dhar (MP) for offence punishable under Sections 64(2), 64(1), 351(3) of the BNS, 2023.

3] The allegation against the applicant is of rape.

4] Counsel for the applicant has submitted that the prosecutrix was a consenting party and she was also a married woman aged about 25 years. It is further submitted that only after the husband of the prosecutrix found about her relationship with the applicant, the FIR has been lodged. It is also submitted that th