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

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ON THE 6 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 1477 of 2026 NAREN @ NARENDRA Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Manish Yadav - Advocate for the applicant.

Shri Tarun Pagare - G.A. for the State.

ORDER

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

2. This is first bail application filed by the applicant under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (439 of Cr.P.C.) as he/she is implicated in connection with Crime No.674/2025 registered at Police Station Manawar, District Dhar (MP) for offence punishable under Section 137(2), 64, 65(1), 115(2), 351(2) of BNS, 2023. The applicant is in custody since 17/10/2025.

3. The application against the applicant is of his involvement in the aforesaid case of rape and assault.

4. Counsel for the applicant has submitted that the applicant has been falsely implicated in the case and the main allegations are against the co- accused Rohit only with whom, the prosecutrix had initially come to Harsiddhi Ground and the applicant had only accompanied them. It is further submitted that there are no criminal antecedents against the applicant, the applicant is lodged in jail since 17/10/2025 and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that looking to the statement of the prosecutrix itself recorded under Section 183 of BNSS, and the fact that the applicant also handed over a sharp edged weapon to the co-accused Rohit, who kept it on the neck of the prosecutrix and threatened her, no case for grant of bail is made out.

6. Heard. Having considered the rival submissions and perusal of the case diary, it is found that the allegations of rape and assault are against the main accused Rohit and although the name of the present applicant is also mentioned as the person, who had accompanied the main accused and the prosecutrix, and had also given a sharp edged weapon to co-accused Rohit, but in her police statement, she has not even named the present applicant, and in the FIR also, his name does not find place. In view of the same, and also considering the fact that there are no criminal antecedents against the applicant, who is lodged in jail since 17/10/2025 and the final conclusion of trial is likely to take sufficient long time, this Court is of the considered opinion that further custody of the applicant would not be necessary.

7. Accordingly, M.Cr.C. is 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. 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.

8. M.Cr.C. stands allowed.

(SUBODH ABHYANKAR)

JUDGE krjoshi