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CDJ 2026 MPHC 201
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| Court : High Court of Madhya Pradesh (Bench at Indore) |
| Case No : MISC. Criminal Case No. 25871 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE GAJENDRA SINGH |
| Parties : Kuldeep @ Lokesh Versus The State Of Madhya Pradesh |
| Appearing Advocates : For the Applicant: Sanjay Kumar Sharma, Advocate. For the Respondent: Romil Verma, G.A., Utkarsh Rajpurohit, Sejal Swarnkar, Advocates. |
| Date of Judgment : 24-06-2026 |
| Head Note :- |
Bhartiya Nagrik Suraksha Sanhita, 2023 - Section 483 -
Comparative Citation:
2026 MPHC-IND 16498,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Bhartiya Nagrik Suraksha Sanhita, 2023
- Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023
- Section 64(2)(m) of the Bhartiya Nagrik Suraksha Sanhita, 2023
- Section 308(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023
- Section 351(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023
- Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023
2. Catch Words:
- Bail
- Rape
- Consent
- Regular bail
- Personal bond
- Surety
3. Summary:
The applicant sought regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for offences of rape and related charges. He had been in custody since 27 April 2026. The victim’s affidavit indicated no objection to bail, while the State opposed on grounds of gravity of the offence. The Court examined the submissions and noted the applicant’s prolonged detention and the pending trial. Finding no compelling reason to deny bail, the Court exercised its discretion in favor of the applicant. An order was passed granting bail on a personal bond of Rs. 50,000 with a surety, subject to conditions under Section 480(3) and a non‑contact directive with the victim. The order remains effective until trial concludes, with cancellation provisions for breach.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. This is the first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to Crime No.410/2026 registered at Police Station - Industrial Area, District Ratlam (M.P.) for the offences punishable under Sections 64(2)(m), 308(2) and 351(3) of the BNS, 2023. The applicant is in custody since 27.04.2026.
2. The allegation against the applicant is that he has committed rape upon the prosecutrix.
3. Learned counsel for the applicant submits that the applicant is aged about 30 years. Charge sheet has been filed and the statement of victim is also recorded. It is submitted that prosecutrix is a major and had voluntarily entered into the said relationship with the applicant in as much as had remained with applicant at various public places including hotels etc., and never once made he and cry and it is further submitted that it is a case of consent. Therefore, he submits that considering the totality of facts and circumstances of the case and considering the fact that the applicant is in custody since 27.04.2026 and trial will take some more time to conclude, the applicant may be released on bail.
4. Learned counsel for the complainant/prosecutrix has submitted that the affidavit of the prosecutrix is filed and prosecutrix is present before this Court and submitted that she has no objection if the bail application is allowed.
5. Learned counsel for the State has opposed the prayer by submitting that looking to the gravity of offence, this Court should not consider the case of the present applicant for grant of bail. However, he has submitted that the Court may pass appropriate order considering the totality of facts and circumstances of the case.
6. I have considered the rival submission and perused the case diary.
7. Considering the totality of the facts and circumstances of the case and considering the fact that the applicant is behind the bars since 27.04.2026 and trial will take some more time to conclude. Thus, I am of the opinion that no fruitful purpose would be served to deny the bail in these peculiar facts and circumstances of the case. Therefore, I am of the view that in the interest of justice, the discretion should be exercised in favour of the applicant. Therefore, the application is allowed.
8. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. The applicant shall also abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
9. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
10. It is also directed that the applicant shall not contact with the victim in any way either physically or through any other mode of social media, failing which this order shall be liable to be cancelled and the trial Court shall be within jurisdiction to cancel the bail granted by this Court without further reference to this Court.
11. Copy of this order be forwarded to the victim in the light of Aparna Bhat vs. State of MP -AIR 2021 SC 1492 .
Certified copy as per rules.
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