2026 Supreme(Online)(MP) 36743
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
NEUTRAL CITATION NO. 2026:MPHC-IND:16869
MISC. CRIMINAL CASE No. 26708 of 2026
RAJNI D/O GOPAL DAS BHATIA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Applicant by Shri Aman Malviya - Advocate.
Respondent - State of Madhya Pradesh by Shri Hemant Sharma -
Government Advocate appearing on behalf of the Advocate General.
BEFORE
HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI
ON THE 25th OF JUNE, 2026
Important Points
Subject
Criminal Law - Bail
Act Referred
Code of Criminal Procedure, 1973: S.439, S.437(3)
Bhartiya Nyaya Sanhita, 2023: S.308(6), S.111(2), S.61(2), S.3(5)
Preconception and Prenatal Diagnostic Techniques Act, 1994
Medical Termination of Pregnancy Act, 1971
Headnote
For the Appellants/Petitioners: Aman Malviya
For the Respondents: Hemant Sharma
ORDER
Heard with the aid of case diary / challan papers.
This is first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 = Section 439 of Code of Criminal Procedure, 1973 for enlargement of the applicant on regular bail in connection with crime No.204 of 2026 registered at Police Station Kotwali Dewas, District Dewas (MP) for offence punishable under Sections 308 (6), 111 (2), 61 (2) and 3 (5) of Bhartiya Nyaya Sanhita, 2023. The applicant is in custody since 13.04.2026 (formal arrest).
2. The applicant is a journalist associated with Tehelka Digital News and has been engaged in public interest journalism for several years. The applicant and her Media Team conducted Sting Operations exposing illegal Prenatal Sex Determination, unlawful Abortions and Female Foeticide being carried out in various Nursing Homes and Hospitals in District Dewas (MP), in violation of the provisions of Preconception and Prenatal Diagnostic Techniques Act, 1994 and Medical Termination of Pregnancy Act, 1971.
2.1 In the backdrop of these investigations, several First Information Reports were registered against the applicant bearing Crimes Number 194, 195, 204 and 205 of 2026 at Police Station Kotwali, Dewas, District Dewas. The present application is against order passed by the learned trial Court on 13.05.2026 (Annexure A/1) in Bail Application No.506 of 2026 with respect to Crime No.204 of 2026. The case was registered against the present applicant under Section 308 (6), 111 (2), 61 (2) and 3 (5) of Bhartiya Nyaya Sanhita, 2023. The present applicant is innocent and has been falsely implicated in the present matter due to mala fide intentions, it amounts to abuse of criminal justice machinery and retaliatory actions initiated only after the applicant exposed a large illegal Female Foeticide Racket through investigative Journalism.
3. Learned counsel for the applicant submits that the present applicant, after conducting a Sting Operation, had provided the entire material of the operation including the Video Recording (s) to the concerned persons in her News Channel, who in turn on 06.04.2026, 07.04.2026 and 10.04.2026 sent those Videos to the Commissioner, Health Department, Madhya Pradesh, the Chairperson of National Human Rights Commission (NHRC), the Director General of Police (DGP) Madhya Pradesh and the Chief Medical & Health Officer (CM&HO), Dewas. It is only after sending the information and videos to these Officers on 07.04.2026, FIR at Crime No.204 of 2026 was registered against the present applicant and other persons by alleging that the applicant and other persons are hatching a conspiracy tried to extort money from the complainant. He submits that in fact before the registration of FIR, the information regarding Sting Operation with complete Video was already sent to the responsible officers. Thus, there is no possibility of extorting money when the information was already sent to the Higher Officers of the State of Madhya Pradesh. He submits that in the present case the applicant is formally arrested on 13.04.2026. He submits that one of the co-accused namely Shrikant @ Bhau has already been enlarged on bail by order dated 28.04.2026 (Annexure A/8) passed in Miscellaneous Criminal Case No.19820 of 2026. He further submits that one of the co-accused has approached the Hon'ble Apex Court by filing petition for Special Leave to Appeal (Criminal) No(s).9645 of 2026 (Anuj Agrawal v. The State of Madhya Pradesh & others) in which an interim order has been passed on 26.05.2026 (Annexure A/11) whereby authorities are restrained from taking any coercive steps against the petitioner therein.
3.1 Learned counsel for the applicant further submits that the present applicant has been harassed for the reason that she acted in public interest and carried out Sting Operation against the complainant. Learned counsel also points out that the applicant has already been granted bail by this Court in Crime No.194 of 2026 vide or