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CDJ 2026 MPHC 200 My Notes print Preview print print
Court : High Court of Madhya Pradesh
Case No : MISC. Criminal Case No. 20980 of 2026
Judges: THE HONOURABLE MR. JUSTICE DEVNARAYAN MISHRA
Parties : Jamaluddin Kaji Versus The State Of Madhya Pradesh
Appearing Advocates : For the Applicant: Rahul Diwaker, Advocate. For the Respondent: Garima Tiwari, Panel Lawyer, Ratna Bharat Tiwari, Advocate.
Date of Judgment : 24-06-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 -


Comparative Citation:
2026 MPHC-JBP 44172,

Judgment :-

1. This is the first application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail relating to FIR/Crime No.184/2026 registered at Police Station Kotwali Tikamgarh, District Tikamgarh, for the offence punishable under Sections 64(1), 64(2)(m) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. The applicant is in jail since 13.04.2026.

2. Learned counsel for the applicant has filed the DNA report along with document No.4188/2026 and the same is negative. On 06.04.2026, the applicant lodged a complaint against the family members of the victim and on that, vide FIR No.177/2026, an offence was registered against them at Police Station Tikamgarh. He has filed the photographs, WhatApp Chats and other documents to show that no misrepresentation or fraud was played by the applicant. On 16.08.2025, the applicant had clearly disclosed the fact to the victim that he belongs to a particular religion and even after knowing the said fact, she continued to have love affair with him. Physical relations were established with the consent of the victim and after that, on 09.4.2026, FIR No.184/2026 was registered against the applicant stating that he told the victim that he belongs to Brahmin Caste and on that basis, developed physical relations. It is further submitted that the applicant is innocent and has falsely been implicated in the case. Trial will take time to be concluded, hence, the applicant be enlarged on bail.

3. Learned counsel for the respondent/objector has opposed the bail application and has submitted that the applicant told the victim that he belongs to Brahmin Caste and on that basis, friendship developed between them and the victim's family members agreed for their marriage. By playing a fraud, the applicant obtained the victim's consent for establishing physical relations. Subsequently, she came to know that the applicant belongs to other religion and then, she refused to marry with him and on that, he threatened and committed sexual assault upon her. Looking to the nature of offence, no case of bail is made out.

4. Learned counsel for the respondent/State has also opposed the bail application and has submitted that the applicant has a criminal record.

5. Heard the parties and perused the record.

6. From the contents of FIR and the statements, it is clear that at the time of incident, the victim was aged about 27 years. She was a widow and met the applicant at his shop namely 'Bahu Beti Lahanga Collection'. Thereafter, friendship developed between them and physical relations were also established.

7. Looking to the aforesaid factual aspects of the case, coupled with the facts that the DNA report is negative, cross-report has also been lodged against the opposite party and trial will take time to be concluded, this Court deems it appropriate to enlarge the applicant on bail. Thus, without commenting anything on the merits of the case, the application is allowed.

8. It is directed that applicant shall 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 concerned for his appearance before the said Court on all such dates as may be fixed by that Court in this regard during pendency of trial.

9. It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.

10. Accordingly, Misc. Criminal Case stands disposed of. Certified copy as per rules.

 
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