Salman vs The State Of Madhya Pradesh

Court: Madhya Pradesh High Court
Decided on: 01-04-2026

<div> NEUTRAL CITATION NO. 2026:MPHC-IND:8581 1 MCRC-9427-2026 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR st ON THE 1 OF APRIL, 2026 MISC. CRIMINAL CASE No. 9427 of 2026 SALMAN Versus THE STATE OF MADHYA PRADESH Appearance: Shri Sanjay Kumar Sharma - Advocate for the applicant. Shri Tarun Pagare - Govt. Advocate for the respondent/State. ORDER This fifth application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No 07/2024 registered at Police Station - Agar Malwa Mahila Thana , District Agar Malwa (M.P.) for offence punishable under Section 376, 323, 506,34 and 324 of IPC and Section 4 of M.P. Dharmik Swatantrata Adhiniyam, 2021 . Applicant is in judicial custody since 05.02.2024. His first and second bail applications were dismissed as withdrawn vide orders dated 01.04.2024 & 01.10.2024 passed in M.Cr.C. No. 10044/2024 & M.Cr.C. No. 22134/2024 with liberty to renew the prayer for bail after examination of prosecutrix before the trial Court. His third bail application was dismissed as withdrawn vide order dated 03.04.2025 passed in M.Cr.C. No. 12007/2025. His fourth bail application was dismissed v i d e order dated 20.08.2025 passed in M.Cr.C. No. 33994/2025 with direction to the trial Court to conclude the trial within a period of six months. Heard the arguments. Perused the grounds for grant of bail stated in the application and the Signature Not Verified Signed by: SEHAR HASEEN Signing time: 01-04-2026 18:17:37 NEUTRAL CITATION NO. 2026:MPHC-IND:8581 2 MCRC-9427-2026 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. It is a case of honey trap. In fact, the applicant himself is a victim of conspiracy hatched by the complainant and her associate Chouthmal. The complainant and Chouthmal were convicted by a Court in Rajasthan in relation to Crime No. 82/2021 registered at P.S. Suket, Distt. Kota. Learned counsel refers to the FIR registered against the complainant and Chouthmal to buttress his contentions. Learned counsel submits that the complainant has lodged FIR bearing Crime No. 9/2024 against other accused Sahil Qureshi which was registered at P.S. Suket. Learned counsel referring to the FSL and DNA report contends that although the FSL report reveals presence of semen in the vaginal slides of the complainant. But the DNA report shows that the DNA profile extracted from the source sample of Salman did not match with the DNA profile extracted from the source material of complainant. This fact destroys the veracity of accusation against the applicant. Learned counsel further submits that the material prosecution witnesses i.e. the prosecutrix(PW-1) and Chouthmal (PW-2) have been examined before the trial Court. The trial would take time to conclude for the reason that there is vacancy of Judge in the concerned Court since December 2025. There is no likelihood of tampering with remaining evidence by the applicant for the reason that material prosecution witnesses have been examined. Jail incarceration is causing hardship to the young applicant and his dependent family. Applicant is ready to cooperate in trial. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel refers to 05 criminal Signature Not Verified Signed by: SEHAR HASEEN Signing time: 01-04-2026 18:17:37 NEUTRAL CITATION NO. 2026:MPHC-IND:8581 3 MCRC-9427-2026 antecedent against the applicant, as mentioned in the case diary. Applicant was aged around years 22 years at the time of arrest. He is a labourer by profession. In reply, learned counsel for the applicant submits that applicant stands acquitted in Crime No(s). 699/2019, 65/2021, 22/2023 and 21/2023. The matter at Crime No. 153/2023 is pending for trial. The applicant has never been convicted for any offence. According to the accusation on case diary, the complainant aged around 22 years reported to P.S. Agar on 01.02.2024 that her Maternal Grandfather was admitted in the hospital at Jhalawad. She met a boy at Juice Centre. He introduced himself as Suraj Jain. They started communicating with each other. Suraj proposed to marry her. On 28.01.2024, she went to Agar Malwa to meet the family of Suraj. She stayed at the house of Suraj. But there was no family member. Suraj committed rape with her in the intervening night of 28.01.2024 and 29.01.2024. Next morning, a woman wearing burqa met her. Then Suraj revealed that his original name is Salman(applicant) and compelled her to convert to Islam. Rukhsar and Sameer, relatives of Salman assaulted her and threatened to kill her. Salman, Sameer and Rukhsar burned her tattoo by hot iron rod. On 29.01.2024, around 5:00 in the evening, she escaped. Police took her to One Stop Centre. She returned home on 30.01.2024 and informed her maternal Grand Father. She came to report with her neighbour - Chouthmal. On such allegations P.S. Mahila Thana Agar Malwa. registered FIR for offence punishable under Section 376, 323, 506, 34 and 324 of IPC and Section 4 of M.P. Dharmik Swatantrata Adhiniyam. Applicant was arrested on 05.02.2024. He is in custody ever since. The trial would take time to conclude. The DNA report prima-facie exonerates the applicant. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of prosecution and Signature Not Verified Signed by: SEHAR HASEEN Signing time: 01-04-2026 18:17:37 NEUTRAL CITATION NO. 2026:MPHC-IND:8581 4 MCRC-9427-2026 complicity of the applicant will be determined after evidence in the trial. As informed, the applicant has a dependent family and survives on occasional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of substantial criminal past and previous conviction for any offence, considering the socio-economic status of the applicant, there appears to be no likelihood of recidivism or tampering with remaining 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 applicant on bail. Thus, the application is allowed. Accordingly, it is directed that applicant- Salman 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.50,000/- (Rupees Fifty 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; (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 । Signature Not Verified Signed by: SEHAR HASEEN Signing time: 01-04-2026 18:17:37 NEUTRAL CITATION NO. 2026:MPHC-IND:8581 5 MCRC-9427-2026 (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 भारतीय नाग +रक , 2023 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/she 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: SEHAR HASEEN Signing time: 01-04-2026 18:17:37</div>