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

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ON THE 16 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 52842 of 2025 RAJA ABBASI Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Shiva Singh Thakur - Advocate for the applicant.

Shri Madhusudan Yadav -Govt. Adv. appearing on behalf of Advocate General[r-1].

ORDER

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

2] This is the applicant's third bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023/ 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.1790/2022, registered at Police Station Banganga, District -Indore (MP) for offence punishable under Sections 363, 366, 376 363, 366 A, 376, 376 (2)(n),323,506/34 of the IPC and under Section 5/6 of POCSO Act. The applicant is in custody since 27.11.2023. Applicant's earlier bail applications were dismissed on merits.

3] The allegation against the applicant is of abduction and rape.

4] Counsel for the applicant has submitted that the applicant is lodged in jail since 27.11.2023 and admittedly, the prosecutrix has resided with the applicant for around one year, and was also a consenting party which is also apparent from her statement recorded before the trial court, as the missing person report was lodged on 4.11.2022; whereas the prosecutrix was recovered on 26.11.2023 when she was still pregnant. It is also submitted that the prosecutrix has already been examined in the trial court and although she has supported the case of the prosecution however, there are material omissions and contradictions in her statement and the conclusion of the trial is likely to take a long time as only 08 witnesses have been examined in the trial court out of 24 witnesses cited by the prosecution. Thus, it is submitted that the bail application be allowed and he 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 earlier dismissal on merits, no case for grant of bail is made out and DNA report is also positive.

6] Having considered the rival submissions, and on perusal of the case diary, and taking note of the fact that the prosecutrix has resided with the applicant for around one year and has also been examined in the trial court, this Court finds that further custody of the applicant is not necessary as he is lodged in jail since 27.11.2023.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant - Raja Abbasi S/o Sultan Abbasi 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 and disposed of.

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE moni