Harisingh vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:29221
1 MCRC-23344-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
th
ON THE 13 OF OCTOBER, 2026
MISC. CRIMINAL CASE No. 23344 of 2026
CNR No.: MPHC020195052026
HARISINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Santosh Kumar Meena - Advocate for the petitioner.
Hemant Sharma appearing on behalf of Advocate General.
ORDER
1] They are heard and perused the case diary.
2] This is the applicant's 4th ail application filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is
implicated in connection with Crime No.95/2024 registered at Police Station
Y. D. Nagar, District- Mandsaur (MP) for offence punishable under Sections
365, 376, 376(D), 376(2)(L) & 34 of IPC and Section 92(D) of The Rights of
Persons with Disabilities Act, 2016. The applicant is in custody since
23.03.2024. His first bail application M.Cr.C. No.13821 of 2025 has already
been dismissed by this Court on 21.07.2025 on merits and second was
dismissed on 27.10.2025 and third was dismissed on 30.04.2026 in MCRC
No.16005/2026.
3. Vide order dated 24.07.2026, the directions were issued to all the
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 16-10-2026
18:34:07

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2 MCRC-23344-2026
duty holders to extend the support system so that statements of the victim

could be recorded.
4. A report received from the trial Court dated 29.07.2026 and a report
received from District Legal Service Authority, Mandsaur dated 18.09.2026
mentiones that presently, the prosecutrix is not in a condition to depose and
she requires further treatment including psychological treatment.
5. The DNA report dated 25.07.2024 is positive in respect of the
present applicant examined in connection with samples of Article B and C.
Accordingly, At present no case for bail is made out and the application is
rejected.
6. Now, this Court find it a fit case to remind the authorities concerned
that that the victim requires proper care, treatment, compensation and
rehabilitation of the victim. The victim is entitled for free treatment in Govt.
Hospital as well as in the private hospital as per Section 397 of BNSS, 2023
which is being reproduced as under:-
"397. Treatment of victims.
All hospitals, public or private, whether run by
the Central Government, the State Government, local
bodies or any other person, shall immediately, provide
the first-aid or medical treatment, free of cost, to the
victims of any offence covered under section 64,
section 65, section 66, section 67, section 68, section
70, section 71 or sub-section (1) of section 124 of the
Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 16-10-2026
18:34:07

NEUTRAL CITATION NO. 2026:MPHC-IND:29221
3 MCRC-23344-2026
or section 10 of the Protection of Children from Sexual

Offences Act, 2012, and shall immediately inform the
police of such incident".
7. Pursuant to the order dated 24.07.2026, this Court is not intimated
whether the victim has been provided the interim compensation as per the
Scheme of the Govt. or not.
8. The Secretary, District Legal Services Authority, Mandsaur is
directed to ensure compliance for providing the interim compensation to the
victim, if not already provided or under process.
9. The in matters of rape and gang-rape, the victims could not be
suffered due to non-availability of the legal assistance so District Legal
Services Authority shall provide a competent and experienced Advocate to
address the trial Court as well as the concerned authorities to ensure the
rights of the victims contacting her parents.
10. In this case, all the duty holders shall ensure Medical as well as
Psychological and counseling facilities are being provided to the victim and
till the victim recovers, arrangement including the transport facility for
presence of the victim before the trial Court be ensured for recording her
statements before the trial Court.
11. Apart from the present case, this court has noticed that the
compliance of Section 397 of BNSS, 2023 are not being complied with by
the concerned authorities without interference of the Courts. Such facilities
and compensations should be extended timely so that the ends of justice be
not frustrated and if any of the victims suffers psychologically due to non-
Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 16-10-2026
18:34:07

NEUTRAL CITATION NO. 2026:MPHC-IND:29221
4 MCRC-23344-2026
compensation or non-availability of better treatment either by prosecution or

by Health Department, the same is tantamount to second victimization of
survivor inviting liability for non-compliance of mandate of law.
12. Accordingly, Additional Chief Secretary, Department of Medical
Education, Govt. of Madhya Pradesh is directed to ensure the compliance of
Section 397 of BNSS, 2023 so that the rights of the victims within the
territory of the State of Madhya Pradesh are not affected at any point of time
either in Govt. Hospital or in Private Hospital and is further directed to issue
necessary directions for compliance of Section 397 of BNSS, 2023 to
District Magistrate and Chief Medical and Health Officers of all the Districts
as well as the Private Hospitals and Diagnostic Centers within the territorial
jurisdiction of State of Madhya Pradesh for necessary compliance of Section
397 of BNSS, 2023.
13. A copy of this order be forwarded to: -
i. The learned trial Court concerned;
ii. Addl. Chief Secretary, Department of Medical Education, Govt. of
Madhya Pradesh for information and necessary circulation;
ii. The Secretary, District Legal Services Authority, Mandsaur and
vi. The Station House Officer, Police Station- Y.D. Nagar, District-
Mandsaur (M.P.),
(GAJENDRA SINGH)
JUDGE
amit

Signature Not Verified
Signed by: AMIT KUMAR
Signing time: 16-10-2026
18:34:07