Bail may be granted in serious offences like rape when there is a significant unexplained delay in filing the FIR and the medical evidence (MLC) is negative, suggesting a lack of prima facie evidence.

ORDER

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

2. This is the applicant's first application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (Section 439 of Criminal Procedure Code, 1973), as he / she is implicated in connection with Crime No.05/2026 registered at Police Station Sondva, District Dhar (MP) for offence punishable under Section Section 64(1), 351(3) of Bhartiya Nyay Sanhita, 2023 . The applicant is lodged in jail since 06/01/2026.

3. Allegation against the applicant is of rape.

4. Counsel for the applicant has submitted that the FIR in the present case has been lodged on 05/01/2026, whereas the incident has taken place on 18/12/2025 at around 9:00 O'clock in the night. Counsel has submitted that apparently there is no MLC and no other documents are available on record to connect the applicant with the offence except the oral allegations and otherwise, the stand of the applicant is that the prosecutrix was having an affair with the present applicant and when her family members came to know about it, a meeting of Gram Panchayat also took place and the applicant was directed to pay a sum of Rs.3 Lakh to the husband of the prosecutrix and as the applicant did not pay the amount, the false case has been slapped against him. Thus, it is submitted that under these circumstances, 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, and taking note of the fact that the FIR has been lodged after a period of 17 days and MLC is also negative and a complaint was also made by the applicant's side on 04/01/2026, whereas the FIR has been lodged on 05/01/2026, this Court finds force in the submissions as advanced by the counsel for the applicant, and further taking note of the fact that the applicant is lodged in jail since 06/01/2026 and final conclusion of the trial is likely to take sufficient long time, 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.

8. M.Cr.C. stands allowed.