IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 17 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 5707 of 2026 RAEES PINJARA Versus STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Priyvrat Singh Chouhan - Advocate for the applicant.

Shri Bhaskar Agrawal - Govt. Advocate for respondent/State.

ORDER

1. This first application has been filed by applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No.286 of 2025 registered at Police Station - Nalkheda, District - Rajgarh (M.P.) for offence punishable under Sections 64, 64 (2) (m), 69 and 351(3) of the BNS, 2023. The Applicant is in judicial custody since 22.11.2025. 2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

4. Learned counsel for the applicant in addition to the grounds mentioned in the application contends that it is a case of romantic relationship between the youngsters, but the complainant was engaged elsewhere and the relationship turns sour. When the engagement of applicant was broken she again pressurized the applicant to marry her. False allegations of rape on promise of marriage are levelled against the applicant. The alleged offence is not committed by the applicant. The applicant has already informed the police authorities on 18.11.2025, two days prior to the registration of FIR apprehending false allegations. The final report has been submitted on completion of investigation. Applicant has clean past with family roots, property and employment. There is no history of evading process of law. There is no likelihood of tampering with evidence by the applicant. The trial would take time to conclude. Jail incarceration is causing hardship to the applicant and the dependent family. Applicant is ready to cooperate in the trial.

5. Per contra, learned counsel for the State 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. Applicant is aged 22 years and is a mechanic by profession. 6. As per accusation on record, the complainant aged around 19 years reported to police station - Nalkheda on 20.11.2025 that she was acquainted with Raees. Raees promised to marry on her attaining majority. Raees committed rape with her on promise of marriage on multiple occasions. On 9.11.2025 in the night, Raees called her to his house and had sexual relations with her. She was engaged elsewhere. Raees was instrumental in breaking her engagement. When she asked for marriage, Raees refused to marry her. On such allegation police station - Nalkheda registered the offence under Sections 64, 64 (2) (m), 69 and 351(3) of the BNS, 2023. The applicant was arrested on 22.11.2025. He is in custody ever since. The final report has been submitted. Trial will take time to conclude. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of prosecution, complicity and intention of the applicant will be determined after evidence in the trial.

7. As informed, the applicant is 22 years and has family responsibility. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of recidivism or tampering with the evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.

8. Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the a