Shubham @ Bhussu Tiwari vs State Of Madhya Pradesh And Others

G. S. Ahluwalia, J

This is seventh application under section 483 of BNSS,2023.

Applicant has been arrested in connection with Crime No. 496/2022 registered at Police Station GRP Katni (MP) for offences under sections 363, 342, 376(3), 376(2)(N), 323, 379 of IPC and sections 3, 4, 5 and 6 of POCSO Act.

This application has been filed for grant of temporary bail on the ground of marriage of sister of applicant, which is scheduled to be held on 27/4/2026 in Village Pure Bag, Post Kajiyana, Raibareli.

Although Police has filed verification report, but it appears that Police has not gone to the Village to collect information and has based the report on the basis of some certificate issued by Pradhan of Gram Panchayat Maniharsharki, Block Jagatpur, Raibareli. On 20/4/2026, a letter was written from the Office of Advocate General thereby directing the GRP, Katni to file verification report. On 21/4/2026, i.e. on the very next day, certificate in original had reached GRP, Katni. How GRP, Katni can act so swiftly so that they could get the original certificate from the concerning Gram Panchayat within few hours. The Police has not filed any document to show that who had gone to the concerning village to collect information. Police has not filed any document to show that by what means of communication, Pradhan of Gram Panchayat Maniharsharki, Block Jagatpur, Raibareli was directed to submit verification report. Police has also not clarified that by what means original certificate from Pradhan of Gram Panchayat Maniharsharki, Block Jagatpur was received. Today i.e. 22/4/2026. Thus, within two days, not only Police collected the verification report, that too in original, but also forwarded it to the Court.

Under these circumstances, this Court is of considered opinion that there is some suspicion about the correctness of verification report filed by the Police. However, mere suspicion may not be a good ground to reject the report.

Under these circumstances, where this Court is having apprehension that verification report might not be correct and there is every possibility that after getting released on temporary bail, applicant who is resident of Raibareli (U.P.), may not surrender before the trial Court.

Accordingly, this Court is of considered opinion that in order to ensure surrender of applicant, he has to comply with stringent condition involving financial repercussions.

Thus, it is directed that subject to furnishing cash surety of Rs.5,00,000/- (Rupees five lacs) to the satisfaction of CJM, Maihar and on furnishing an undertaking that applicant shall surrender before the trial Court on 29/4/2026, applicant shall be released on temporary bail till 29/4/2026.

It is made clear that in case if applicant fails to surrender before the trial Court on 29/4/2026, then the cash surety of Rs.5,00,000/- (Rupees five lacs only) shall automatically stand forfeited without any order from this Court.

It is also made clear that no prayer for further extension of time to surrender shall be entertained.

With aforesaid observations, application is disposed of.