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. 1031 of 2026 VIKRAM Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Piyush Verma - Advocate for the applicant.

Shri Aditya Garg - G.A. for the State.

ORDER

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

2. This is the third application under Section 483 of BNSS, 2023 / 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.280/2025 registered at Police Station Azad Nagar, District Indore (MP) for offence punishable under Section 64(1) and 64(2) of BNS, 2023. The applicant is in custody since 08/052025. His earlier bail applications have been dismissed by this Court with liberty to renew prayer after the prosecutrix is examined in the trial Court.

3. Allegation against the applicant is of rape.

4. Counsel for the applicant has submitted that the prosecutrix has now been been examined in the trial Court and there are material omissions and contradictions in her statement, copy of her deposition has also been filed on record. It is submitted that the FIR has been lodged after a delay of 14 months and admittedly, the prosecutrix has also roam around with the applicant to various places and had also gone to hotels wit him using her identity card. Thus, it is submitted that under such facts and circumstances of the case and that the applicant is lodged in jail since 08/05/2025 and the final conclusion of trial is likely to take sufficient long time, the bail application be allowed and applicant be released on bail.

5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out. 6. Having considered the rival submissions and on perusal of the case diary as also the deposition of the prosecutrix, and this Court finds force in the submissions as advanced by counsel for the applicant, and also the fact that there is a delay in lodging the FIR, the applicant is lodged in jail since 08/05/2025 and final conclusion of the trial is likely to take sufficient long time and there is no apprehension that the applicant would tamper with the prosecution witnesses, in the considered opinion of this Court, the applicant's application deserves to be allowed.

7. Accordingly, without commenting on the merits of the case, the application filed by the applicant 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.

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE krjoshi