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NEUTRAL CITATION NO. 2026:MPHC-IND:3733

1 MCRC-60087-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 5 OF FEBRUARY, 2026

MISC. CRIMINAL CASE No. 60087 of 2025

ABRAR @ SAHIL

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Imityaz Ahmad Behna, Advocate for the applicant.

Shri Ayushyaman Choudhary, Govt. Advocate for the respondent

No.1/State.

Ms. Mansi Kushwah, Advocate for the respondent No.2[OBJ].

ORDER

I.A. No.1722/2026 is an application filed by the applicant for taking

additional document on record.

Considered. Prayer accepted.

The I.A. No.1722/2026 is allowed. The documents are taken on

record.

This first application has been filed by the applicant under Section 483

of BNSS, 2023 for grant of bail in connection with Crime No.650/2025,

registered at Police Station - Alot, District Ratlam(M.P.) for offence

punishable under Sections 64(2)(m), 137(2), 96, 351(3), 296, 3(5), 70(2) of

BNS, 2023 and Section 5(L)/6 of POCSO Act. Applicant is in judicial

custody since 18.10.2025.

Signature Not Verified

Signed by: PREETHA NAIR

Signing time: 05-02-2026

17:49:05

NEUTRAL CITATION NO. 2026:MPHC-IND:3733

2 MCRC-60087-2025

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case

diary and the relevant material on record.

Learned counsel for the applicant, in addition to the grounds

mentioned in the application, submits that the applicant is falsely implicated

in the alleged offence under pressure of family members of the victim. It is a

case of romantic relationship between two youngsters. When their

relationship was revealed to the brother of the victim, false allegation of rape

is levelled against the applicant. No offence, as alleged, is committed by the

applicant. The DNA report exonerates the applicant and falsifies the

allegation of sexual assault. Learned counsel further referring to the evidence

of victim (PW1) and her mother (PW-2) recorded before the trial Court

contends that they did not support the accusation. The fate of prosecution is

apparent. The determination of age during investigation is doubtful.

Applicant has clean past, with family roots. There is no history of evading

process of law. There is no likelihood of tampering with remaining evidence

by the applicant for the reason that the material prosecution witnesses have

been examined. Jail incarceration is causing hardship to the young applicant.

Applicant is ready to cooperate in trial. The alleged offence is not heinous or

brutal in nature affecting society at larger.

Per contra, learned counsel for the State ably assisted by learned

counsel for the respondent/objector opposes the application on the ground of

gravity of alleged offence. However, after going through the case diary, he

fairly states that no criminal antecedent is reported against the applicant.

Signature Not Verified

Signed by: PREETHA NAIR

Signing time: 05-02-2026

17:49:05

NEUTRAL CITATION NO. 2026:MPHC-IND:3733

3 MCRC-60087-2025

Applicant is aged around 24 years and is labourer by profession.

As per accusation on record, victim aged around 17 years reported to

P.S. Alot on 18.10.2025 that she met Abrar @ Sahil(applicant) two years ago

in a marriage function. They started communicating with each other. Sahil

used to visit her at Alot. On 14.10.2025, around 11.00 in the night, Sahil @

Abrar came to her house in a car. Sahil and his friend Mohin @

Mohinuddain took her to a secluded place on Shankarji Road. They parked

the car. Sahil proposed to marry her and committed rape with her. Thereafter,

Sahil and Mohin left her at home. Sahil started threatening to make her

videos viral. Sahil sent a message to her brother that he has obscene photos

and videos of victim. When her brother confronted her, she narrated the

incident and came to report. On such allegation, P.S. Alot registered FIR for

offence punishable under Sections 64(2)(m), 137(2), 96, 351(3), 296, 3(5),

70(2) of BNS, 2023 and Section 5l/6 of POCSO Act. The victim (PW1) and

her moth