Arun Bhabhar vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:7314
1 MCRC-8770-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
th
ON THE 17 OF MARCH, 2026
MISC. CRIMINAL CASE No. 8770 of 2026
ARUN BHABHAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Tarun Kushwah advocate for the applicant.
Shri Surendra Gupta public prosecutor for State.
ORDER
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No. 234/2024
registered at Police Station - Deendayal Nagar, District - Ratlam(M.P.) for
offence punishable under Sections 363, 366, 376(2)(N), 376(3) of IPC and
Sections 5L/6 of POCSO Act. Applicant is in judicial custody since
07.12.2025.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence under the pressure of family members of the victim. It
is a case of romantic relationship between adolescents. The determination of
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14

NEUTRAL CITATION NO. 2026:MPHC-IND:7314
2 MCRC-8770-2026
age of the victim during investigation is doubtful. There is no likelihood of

tampering with evidence by the applicant for the reason that he is not capable
of influencing the witness. Applicant has clean past, with family roots. There
is no history of evading process of law. Jail incarceration is causing hardship
to the young applicant. Applicant is ready to cooperate in the trial. The
alleged offence is not heinous or brutal in nature affecting society at large.
Per contra, learned counsel for the respondent/State opposes the bail
application on the ground of gravity of alleged offence. However, after going
through the case diary, he fairly states that no criminal antecedent is reported
against the applicant. The applicant is aged 19 years and is a labourer by
profession.
According to the material available on case diary, brother of the victim
reported to the Police Station Deendayal Nagar on 21.3.2024 that her sister
aged around 14 years and 8 months is missing since evening of 20.3.2024.
The victim was recovered on 23.3.2024. She alleged that Arun and one of
his friend came to her house. They forcefully compelled her to sit on the
motorcycle. Both of them took her to Dungar. The friend of Arun left her at
Dungar. Arun committed rape with her. Next day Arun left for his house.
Hearing her cries, her paternal aunt came. She informed her paternal aunt
about the incident. Her paternal aunt took her to her mother. She informed
her mother about the incident. On such allegations, the prosecution for
offence punishable under Section 366, 376(2)(N), 376(3) of IPC and Section
5(L)/6, 3/4(2) of POCSO Act was added. The final report was submitted on
completion of investigation. However, the DNA examination report
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14

NEUTRAL CITATION NO. 2026:MPHC-IND:7314
3 MCRC-8770-2026
completely exonerated the applicant as no Y-chromosome STR DNA profile

was found from the source material of victim. The trial would take time to
conclude. The veracity of prosecution, complicity of applicant and age of
victim will be determined after evidence in the trial.
As informed, the applicant is still dependent on the family and survives on
occasional labour work. Considering these aspects, there appears to be no
possibility of fleeing from justice. In absence of any criminal antecedent,
considering the socio-economic status of the applicant, there appears to be
no likelihood of recidivism or tampering with evidence or influencing the
witnesses by the applicant. There appears to be no compelling reason to
continue incarceration of the young applicant. However, the observations,
herein-above, are recorded for present application only.
Considering the rival contentions and overall circumstances of the case, in
the light of aforestated facts, but without commenting on the merits, this
Court is inclined to release the young applicant on bail. Thus, the application
is allowed.
Accordingly, it is directed that applicant-Arun Bhabhar shall be released
on bail in connection with Crime, as mentioned in first paragraph of this
order, upon furnishing a personal bond in the sum of Rs. 25,000/- (Rupees
Twenty Five Thousand only) with one 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) Applicant shall remain present on every date of hearing as may be directed by the concerned
court;
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14

NEUTRAL CITATION NO. 2026:MPHC-IND:7314
4 MCRC-8770-2026
(1)
आवेदक संबंिधत यायालय के िनद शानुसार सुनवाई क  येक ितिथ पर उप थत रहेगा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2)
आवेदक समान कृित का केाई अपराध नह $ं करेगा या उसम % स &मिलत नह $ं होगा ।
(3) Applicant 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) ,
आवेदक करण के त )य* से प +रिचत -कसी /य01 को य2 या अ य2 3प से लोभन धमक  या
,
वचन नह $ं देगा जससे ऐसा /य01 ऐसे त )य* को यायालय या पुिलस अिधकार $ को कट करने से

िनवा +रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4)
आवदेक य2 या अ य2 3प से सा 8 य के साथ छेडछाड करने का या सा 2ी या सा 2य* को
- ,
बहलाने फुसलाने दबाव डालने या धमकाने का यास नह $ं करेगा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of
Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in
attendance;
(5) , /
0वचारण के दौरान उप थत गवाह * से पर $2ण के संबंध म % आवेदक धारा ३०९ दं. .सं. ३४६
, 2023
भारतीय भारतीय नाग +रक सुर 2ा सं -हता के ावधान* का उिचत अनुपालन सुिन Cत करेगा

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.
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
BDJ

Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14