Prem Chand vs State Of Madhya Pradesh
- Court
- Madhya Pradesh High Court
- Decided on
- 16-03-2026
NEUTRAL CITATION NO. 2026:MPHC-IND:7134
1 MCRC-6009-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
th
ON THE 16 OF MARCH, 2026
MISC. CRIMINAL CASE No. 6009 of 2026
PREM CHAND AND OTHERS
Versus
STATE OF MADHYA PRADESH
Appearance:
Ms. Pratibha Verma advocate for the applicants.
Shri Romil Verma public prosecutor for State.
ORDER
1. This second application has been filed by applicants under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 85 of 2025 registered at Police Station- Soyat
Kalan, District Agar Malwa (M.P.) for offence punishable under Sections
70(1), 64(2)(h), 87 of the BNS, 2023. Applicants are in judicial custody
since 19.04.2025. First bail application was dismissed as withdrawn vide
order dated 16.10.2025 passed in MCRC No. 30977/2025. Thereafter,
complainant (PW-1) and her husband (PW-2) have been examined.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant in addition to the grounds
mentioned in the application submits that the applicants are falsely
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
10:40:17
NEUTRAL CITATION NO. 2026:MPHC-IND:7134
2 MCRC-6009-2026
implicated in the alleged offence. It is a case of consensual relationship
between worldly wise and married adults. Learned counsel referring to the
evidence of complainant (PW-1) and her husband (PW-2) submits that they
did not support the accusation. The fate of prosecution is apparent. The trial
would take time to concluded as the court is vacant. No offence, as alleged, is
committed by the applicants. Applicants have clean past, with family roots.
There is no history of evading process of law. There is no likelihood of
tampering with evidence by the applicants. The trial would take time to
conclude. Jail incarceration is causing hardship to the applicants and the
family. Applicants are ready to cooperate in the trial. The alleged offence is
not heinous or brutal in nature affecting society at large.
5. Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel submits that
DNA examination report clearly implicates the applicants in the alleged
offence. However, after going through the case diary, he fairly states that no
criminal antecedent is reported against the applicants. Applicant No.1 Prem
Chand is aged around 38 years and applicant No. 2 Ram Prasad is aged
around 39 years, both are labourers by profession.
6. As per the accusation on case diary, the complainant aged around
28 years, reported to the Police Station Soyat Kala on 19.4.2025 that she
was going to local market with her cousin sister on 14.4.2025 around 11:00
in the morning. Premchand and Ram Prasad offered her lift on motorcycle.
They forcefully compelled her to sit on the motorcycle and took her to a
secluded place. They committed rape with her. They again compelled her to
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
10:40:17
NEUTRAL CITATION NO. 2026:MPHC-IND:7134
3 MCRC-6009-2026
sit on the motorcycle. She tried to get down. The motorcycle slipped and all
of them fell down. She sustained injury. Prem Chand and Ram Prasad gave
her Rs. 20 to board the bus. They threatened to kill her. Three days later, she
informed her brother and her husband about the incident. On such
allegations, the Police Station Soyatkalan registered FIR for offence
punishable under Section 70(1), 64(2)(h), 143(2) and 87 of the BNS. The
applicants were arrested on 19.4.2025. They are in custody ever since. The
trial is underway. The complainant and her husband have been examined.
They did not support the accusation. Only four witness, out of 11 enlisted
prosecution witnesses could be examined till date. As per the status report,
the Court is vacant, therefore, the trial is not progressing. The contentions
advanced by the applicants have prima-facie merit and cannot be dismissed
as manifestly baseless. The veracity of the prosecution and complicity of the
applicants in the alleged offence will be considered after evidence in trial.
7. As informed, the applicants are labourers by profession and have
family responsibilities. 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 applicants, there appears to be
no likelihood of recidivism or tampering with evidence or influencing the
witnesses by the applicants. There appears to be no compelling reason to
continue incarceration of the applicants. However, the observations, herein-
above, are recorded for present application only.
8. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
10:40:17
NEUTRAL CITATION NO. 2026:MPHC-IND:7134
4 MCRC-6009-2026
this Court is inclined to release the applicants on bail. Thus, the application is
allowed.
9. Accordingly, it is directed that applicant No.1 Prem Chand and
applicant No.2 Ram Prasad 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) each with separate 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) Applicants shall remain present on every date of hearing as may be directed by the
concerned court;
(1)
आवेदकगण संबंिधत यायालय के िनद शानुसार सुनवाई क येक ितिथ पर उप थत रह !गे ।
(2) Applicants shall not commit or get involved in any offence of similar nature;
(2)
आवेदकगण समान कृित का केाई अपराध नह &ं करेगा या उसम ! स 'मिलत नह &ं ह (गे ।
(3) Applicants 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) ,
आवेदकगण करण के त )य( से प *रिचत ,कसी .य/0 को य2 या अ य2 3प से लोभन धमक या
,
वचन नह &ं देगा जससे ऐसा .य/0 ऐसे त )य( को यायालय या पुिलस अिधकार & को कट करने से िनवा *रत ह (
।
(4) Applicants shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4)
आवेदकगण 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 &ं कर !गे ।
(5) During trial, the applicants 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) , . . ./
/वचारण के दौरान उप थत गवाह ( से पर &2ण के संबंध म ! आवेदकगण धारा ३०९ दं सं ३४६ भारतीय
, 2023
नाग *रक सुर 2ा सं ,हता के ावधान( का उिचत अनुपालन सुिन Bत कर !गे ।
10. 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: BHUNESHWAR
DATT
Signing time: 17-03-2026
10:40:17
NEUTRAL CITATION NO. 2026:MPHC-IND:7134
5 MCRC-6009-2026
11. 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
10:40:17