Sumit Upadhyay vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is repeat (second) application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail relating to Crime No.488/2025 registered at Police Station - Kolar Road, Bhopal District Bhopal (M.P.) for the offence punishable under Sections 137(2), 64, 70(1), 3(5) and 351(2) of BNS, Sections 3/4, 5g(6), 16/17, 5(j)(ii)/6 POCSO, Sections 3(1)(w)(i) and 3(2)(v) of SC/ST Act. The applicant has been arrested on 23.08.2025.

As per the prosecution story, it is alleged that it is alleged that applicant along with other co-accused committed rape with the proseuctrix. Therefore, 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 23.08.2025. Court statement of prosecutrix has been recorded, in which she has not supported the prosecution story. Co-accused Pranav has been enlarged on bail by this Court vide order dated 10.12.2025 passed in MCRC/51603/2025. The 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 the respondent/State has opposed the bail application and prayed for it's rejection.

Looking to the facts and circumstances of the case, but without commenting on merits of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of B.N.S.S. 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 B.N.S.S.

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.