Rashid Khan vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is second bail application under Section 483 of the BNSS filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn vide order dated 10.11.2025 in M.Cr.C. No.51097/2025 with liberty to file afresh after examination of the Courts statements of the prosecutrix.

The applicant has been arrested on 02.08.2025 in connection with Crime No.326/2025 registered at Police Station Kotwali District Ashoknagar for offences punishable under Sections 143(2), 61(2), 127(2), 87 of BNS.

As per the prosecution case, on 04.06.2025, the complainant Monam Ojha lodged a verbal report at the police station stating that on 02.06.2025 at about 3:00 PM, she returned from Guna to her home at Ashoknagar and found her sister Vinita Ojha’s son aged one year and six months in the care of her younger sister Nandini. On enquiring about Vinita, Nandini informed her that Vinita had gone with Bobby Khan to roll puri dough. When Vinita did not return, the complainant searched for her at all possible places, but she could not be traced. Subsequently, the complainant started receiving repeated phone calls from mobile numbers 7851886678 and 6350512760, wherein the caller claimed to have purchased Vinita Ojha by paying money to Bobby Khan and Bhagchand and demanded a ransom of ₹1,30,000 for her release. On the basis of report, crime was registered against the accused persons.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that after rejection of his first bail application Court statement of prosecutrix has been recorded, wherein she has not supported the story of prosecution. The applicant has been in judicial custody since 02.08.2025. The conclusion of the trial is likely to take a considerable time. The applicant is a permanent resident of District Shivpuri, and there is no likelihood of his absconding or tampering with the prosecution evidence. In these circumstances, it is prayed that the applicant be enlarged on bail.

On the other hand, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary. Considering the overall facts and circumstances of the case and nature of allegations and the fact that the prosecutrix has not supported the story of prosecution, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial;

and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the concerned Court for compliance.

Certified copy as per rules.