Kasim Ahmed vs The State Of Madhya Pradesh

Court: Madhya Pradesh High Court
Decided on: 24-03-2026

<div> NEUTRAL CITATION NO. 2026:MPHC-JBP:24299 1 CRA-2124-2026 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 24 OF MARCH, 2026 CRIMINAL APPEAL No. 2124 of 2026 KASIM AHMED Versus THE STATE OF MADHYA PRADESH Appearance: Shri Kunal Thakre - Advocate for the appellant. Shri Mukesh Shukla - Govt. Advocate for the respondent/State. ORDER The appellant has filed this first criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 14.02.2026 passed by Special Judge ( under SC & ST Act), Bhopal(M.P.), whereby bail application u/S 483 of Bharatiya Nagarik Suraksha Sanhita 2023 of appellant has been rejected. The appellant is in custody since 12.11.2025. 2. Being aggrieved by the impugned order, the appellant has filed present criminal appeal f or grant of bail to the appellant in connection with Crime No. 612/2025 registered by P.S. Chhola Mandir, District - Bhopal (M.P.) for the offence punishable under Section(s) 115(2), 296(A), 351(2) of the BNS 2023, Section 3/5 of M.P. Dharmik Swatantra Adhiniyam, 2021 and Section 3(2)(va) of the SC & ST Signature Not Verified Signed by: PREETHA NAIR Signing time: 24-03-2026 19:44:16 NEUTRAL CITATION NO. 2026:MPHC-JBP:24299 2 CRA-2124-2026 (Prevention of Atrocities) Act. 3. Learned counsel for the State submits that intimation u/S 15A of SC/ST(Prevention of Atrocities) Act has been given to the complainant. 4. Learned counsel for the appellant in addition to the grounds mentioned in the appeal memo submits that appellant is falsely implicated in this matter. Appellant and Khusbhu were in live-in- relationship since the year 2022. Khusbhu got pregnant. When they were returning from Ujjain, Khusbhu suddenly collapsed. It was revealed in the post-mortem that she suffered rupture of right fallopian tube and cause of death was reported as 'due to shock and hemorrhage as a result of suggestive of ruptured ectopic pregnancy' and its complications. It was not attributable to any of the act of appellant. No complaint was lodged by Khushbu during her life time. The family members of Khushbu also did not complaint during her life time or immediately after her death. The false allegations of forceful conversion are levelled by her family members against the appellant out of dismay and anger because of untimely death of Khushbu. No offence, as alleged is committed by the appellant. The final report is submitted. There is no likelihood of tampering with evidence by the appellant. The trial would take time to conclude. On these grounds, learned Counsel prays that learned Special Judge has committed an error in rejecting the application for bail, therefore, the impugned order be set aside and the appellant may be extended the benefit of bail. Signature Not Verified Signed by: PREETHA NAIR Signing time: 24-03-2026 19:44:16 NEUTRAL CITATION NO. 2026:MPHC-JBP:24299 3 CRA-2124-2026 5. Per contra, learned counsel for the State opposes the bail application on the ground of gravity of alleged offence. Learned counsel refers to 03 criminal antecedents as mentioned in the case diary. Appellant is aged 27 years. He runs a tea shop. 6. In reply, learned counsel for the appellant submits that appellant stands acquitted in Crime No. 255/2019. The other matter at Crime No. 138/2025 and 49/2025 are pending for trial. Appellant has never been convicted for any offence. 7. Heard the rival contentions of the parties, perused the grounds for grant of bail stated in the appeal and the case diary. 8. As per accusation on case diary, Khu shbu and Kasim were returning from Ujjain in a bus. Suddenly , Khushbu fell ill. She was taken to hospital. The Medical Officer declared her dead. Tara Bai - sister of Khushbu submitted a written complaint at P.S. Chhola Mandir, Bhopal on 11.11.2025 alleging that Khusbhu shifted to Bhopal in the year 2022 for studies and modelling. She was in relationship with a boy named Rahul. Later, it was revealed that the boy was muslim and his name is Kasim. Khusbhu informed that Kasim used to manhandle her and pressurize her for conversion to his religion. Khusbhu called her 08.11.2025 that Kasim is forcefully taking her to Ujjain to meet his mother. On 09.11.2025, Khushbu died during return journey from Ujjain. On such allegations, Signature Not Verified Signed by: PREETHA NAIR Signing time: 24-03-2026 19:44:16 NEUTRAL CITATION NO. 2026:MPHC-JBP:24299 4 CRA-2124-2026 P.S. Chhola Mandir registered FIR for offence punishable u/S 296(a), 115(2), 351(2) of BNS, 2023, Section 3/5 of M.P. Dharmik Swatantra Adhiniyam, 2021 and Section 3(2)(va) of the SC & ST (Prevention of Atrocities) Act. The final report was submitted on completion of investigation. The trial would take time to conclude. The contentions advanced by the appellant have prima facie merit and cannot be dismissed as manifestly baseless. The veracity of prosecution and complicity of appellant will be decided after evidence in trial. 9. As informed, the appellant has the responsibility of his dependent family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any substantial criminal past and previous conviction for any major offence, considering the socio-economic status of the appellant, there appears to be no likelihood of recidivism or tampering with evidence or influencing the witnesses by the appellant. There appears to be no compelling reason to continue incarceration of the appellant. The trial court committed error in rejecting the application for bail in view of aforestated facts. However, the observations, here-in above, are recorded for present application only. 10. Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, while setting aside the order dated 14.02.2026 passed by the trial Court, this Court is inclined to release the appellant on bail. Thus, the appeal is allowed. 11. Accordingly, it is directed that the appellant - Kasim Ahmed shall Signature Not Verified Signed by: PREETHA NAIR Signing time: 24-03-2026 19:44:16 NEUTRAL CITATION NO. 2026:MPHC-JBP:24299 5 CRA-2124-2026 be released on bail in connection with Crime as mentioned in para 2 of this order, upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, : (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Appellant shall remain present on every date of hearing as may be directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Appellant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Appellant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the appellant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance; (5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na- iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA 12. This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the trial Court may consider on merit cancellation of bail without any impediment from this order. Signature Not Verified Signed by: PREETHA NAIR Signing time: 24-03-2026 19:44:16 NEUTRAL CITATION NO. 2026:MPHC-JBP:24299 6 CRA-2124-2026 13. The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety. C.C. as per rules. (SANJEEV S KALGAONKAR) JUDGE sh Signature Not Verified Signed by: PREETHA NAIR Signing time: 24-03-2026 19:44:16</div>