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 there are no criminal antecedents against the applicant. Counsel for the applicant has also drawn attention of this Court to the photographs of the applicant and the prosecutrix. Thus, it is submitted that the application deserves to be allowed.

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

6] Having considered the rival submissions, perusal of the case diary, as also the documents filed by the counsel for the applicant on record, this Court is inclined to allow the present bail application as the custodial interrogation of the applicant under the facts and circumstances of the case is not necessary.

7] Accordingly, without commenting anything on the merits of the case, the application filed by the present applicant is allowed. It is directed that in the event of arrest, the applicant shall be released on bail, upon his/her executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing separate solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer)/ concerned trial court. The applicant shall make himself/herself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

8] It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the trial Court itself, who shall decide the same in accordance with law.

09] Accordingly, M.Cr.C. stands allowed and disposed of.

(SUBODH ABHYANKAR)

JUDGE moni