Mukesh vs The State Of Madhya Pradesh on 30 May, 2025

Supreme Court – Daily Orders

Mukesh vs The State Of Madhya Pradesh on 30 May, 2025

                                     IN THE SUPREME COURT OF INDIA
                                    CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPEAL NO.          OF 2025
                          (@ Special Leave Petition (Crl.) No. 3291/2025)


                         MUKESH                                        ...APPELLANT(S)

                                                       VERSUS


                         THE STATE OF MADHYA PRADESH                   ….RESPONDENT(S)

                                                      O R D E R

Leave granted.

This appeal challenges the order dated 21.02.2025

passed by the High Court of Madhya Pradesh at Indore

in Misc. Criminal Case No. 7043 of 2025.

Apprehending arrest in connection with the crime

registered pursuant to FIR No. 36 of 2025 dated

03.02.2025 lodged with P.S Dharampuri, District Dhar,

Madhya Pradesh in respect of the offences punishable

under Sections 363, 366, 376(2)(n) and 506 of the

Indian Penal Code, 1860, the appellant preferred an

application before the High Court seeking anticipatory

Signature Not Verified
bail in terms of Section 482 of the Bharatiya Nagarik
Digitally signed by
NEETU SACHDEVA
Date: 2025.05.30
15:49:04 IST
Reason:
Suraksha Sanhita, 2023 (“the BNSS” for short).

Said application for anticipatory bail having

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been rejected by the High Court vide impugned order

dated 21.02.2025, the instant appeal has been

preferred.

Vide order dated 03.03.2025, while issuing

notice, this Court granted interim protection in

favour of the appellant, subject to his cooperating

with investigation.

We have heard learned counsel in support of the

appellant and learned counsel for the respondent-

state.

Learned counsel for the appellant submitted

that the investigation has been completed but the

charge sheet is yet to be filed; that the

relationship between the appellant and the so

called victim was in fact consensual in nature;

there was no promise of marriage extended by the

appellant herein. He is working as a lab

technician in the Government Health Department and

if he is arrested, his career and service would be

in jeopardy. He submitted that having regard to

the fact that the allegations as against the

appellant herein are really not true but are

frivolous in nature, the relief of anticipatory

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bail may be granted to the appellant herein by

continuing the interim order issued by this Court.

Per contra, learned counsel for the

respondent/State with reference to counter

affidavit submitted that the offences alleged

against the appellant herein are serious inasmuch

as there has been a sexual assault on the so

called victim and therefore the High Court was

justified in declining to grant anticipatory bail.

There is no merit in this appeal and the same may

be dismissed.

Considering the circumstances on record, in our

view, the appellant is entitled to the relief sought

under Section 482 of the BNSS.

We, therefore, allow this appeal and set aside

the order passed by the High Court dated 21.02.2025.

We direct that in the event of arrest of the

appellant, the Arresting Officer shall release the

appellant on bail, subject to furnishing cash security

in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand

only) with two like sureties.

It is directed that the appellant shall extend

complete cooperation in the ensuing investigation and

trial. The appellant shall not misuse his liberty and

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shall not in any way influence the witnesses or tamper

with the material on record.

The appellant shall not contact the victim in any

manner whatsoever.

With the aforesaid directions, the criminal

appeal is allowed.

                                     ………………………………………J.
                                    [B.V. NAGARATHNA]




NEW DELHI                          ….……………………………………J.
MAY 30, 2025                   [SATISH CHANDRA SHARMA]




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ITEM NO.2                COURT NO.5                 SECTION II-A

                S U P R E M E C O U R T O F      I N D I A
                        RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.)     No(s).    3291/2025

[Arising out of impugned final judgment and order dated 21-02-2025
in MCRC No. 7043/2025 passed by the High Court of Madhya Pradesh at
Indore]

MUKESH Petitioner(s)
VERSUS

THE STATE OF MADHYA PRADESH Respondent(s)

IA No. 55389/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 55388/2025 – EXEMPTION FROM FILING O.T.
IA No. 86101/2025 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES

Date : 30-05-2025 This matter was called on for hearing today.

CORAM :

HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA
(PARTIAL COURT WORKING DAYS BENCH)

For Petitioner(s) : Mr. Aman Malik , AOR
Mr. Vikas Rathi, Adv.

Mr. Akash Rathi, Adv.

Mr. Keshav Baheti, Adv.

Ms. Prachi Bansal, Adv.

For Respondent(s) :Mr. Pashupathi Nath Razdan, AOR
Ms. Maitreyee Jagat Joshi, Adv.
Mr. Astik Gupta, Adv.

Ms. Akanksha Tomar, Adv.

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.

The Appeal is allowed in terms of the signed
order.

It is directed that in the event of arrest of the
appellant, the Arresting Officer shall release the
appellant on bail, subject to furnishing cash security in

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the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only)
with two like sureties
Pending application(s) shall stand disposed of.

(NEETU SACHDEVA) (DIVYA BABBAR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)

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