Shubham Bagwan vs State Of Madhya Pradesh

B. P. Sharma, J

This is the first application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to FIR bearing Crime No.401/2025 registered at Police Station - Nasrullaganj, District - Sehore (M.P.) for the offence punishable under Sections 64, 123, 308(2) of BNS, 2023 and Section 67-A of the Information Technology Act, 2000. Applicant is in custody since 25.07.2025.

As per the prosecution story, applicant is that he called the prosecutrix at a hotel in Nasrullaganj and committed rape with her. On the basis of which the offence has been registered against the present applicant under the aforesaid section.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in custody since 25.07.2025. It is submitted that proseutrix & applicant both are living in the same vicinity. They were having love affairs with each-other. Prosecutrix on her own had gone with the applicant and had consensually established physical relations. It is further submitted that whats-app chats between them and other relevant material are available in the case dairy which shows that the prosecutrix was a consenting party. It is a case of romantic love relationship. After investigation, charge-sheet has been filed. Final conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.

On the other hand, learned counsel for State has opposed the grant of bail to the applicant and prayed for its rejection.

Having taken into consideration all the facts and circumstances of the case and perusal of the case diary especially the whatsapp chats between the prosecutrix and applicant, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, this application under Section 483 of BNSS for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of BNSS.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.