IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

th

ON THE 10 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 388 of 2026 NITESH SINGH THAKUR Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Satyam Rai - Advocate for the applicant.

Shri Veer Vikrant Singh - Dy. A.G. for the respondents/State.

ORDER Case diary is available.

2. This application under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023/438 of Cr.P.C. has been filed by applicant seeking anticipatory bail in Crime No.564/2025, registered at Police Station Ashoka Garden, Bhopal, District Bhopal for offences punishable under Section 69 of BNSS.

3. It is submitted by counsel for applicant that complainant is a major and married woman. In the FIR itself, she has stated that she got married in the year 2015 and her divorce case is pending and she is residing in Bhopal for the last 6-7 years. It is alleged that on 21.09.2025, she met with the applicant in Bansal Club where the applicant promised to marry her and committed rape on her. It is submitted that according to the FIR, the applicant had physical relationship with the complainant on 2-3 occasions. It is submitted that undisputedly the complainant is a major and married woman and her case for divorce is going on. It was known to the complainant that during the subsistence of her first marriage, her second marriage with the applicant is not possible. Therefore, it cannot be said that there was any promise much less false promise of marriage. Since the prosecutrix herself is a major woman therefore, even if any relationship had taken place, then it is clear that it was with the consent of the prosecutrix. The applicant is ready and willing to abide by any conditions which may be imposed by the Court. The trial is likely to take sufficient long time and there is no possibility of him absconding or tempering with the prosecution case.

4. Per contra, it is fairly conceded by the State that complainant is a married woman and her divorce case is going on. It is further submitted that the applicant has a criminal history.

5. Considered the submissions of learned counsel for the parties.

6. Considering the facts and circumstances of the case, it is a fit case for grant of anticipatory bail.

7. Accordingly, it is directed that in case, if the applicant appears before the Investigating Officer on or before 17.02.2026 and furnishes bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety in the like amount to the satisfaction of the Investigating Officer, then, he shall be released on anticipatory bail.

8. The anticipatory bail shall continue till the conclusion of trial.

However, in case of bail jump, the trial court shall be free to issue arrest warrant and shall be free to take the applicant in custody. It is made clear that in case if applicant fails to appear before the Investigating Officer on or before 17.02.2026 or fails to deposit the amount, then, this order shall automatically stand cancelled.

9. With aforesaid observations, the application for grant of anticipatory bail is allowed.

(G. S. AHLUWALIA)

JUDGE Priya.P