Madhya Pradesh HC Grants Bail In Rape Case Citing Alleged Consensual Relationship

The Madhya Pradesh High Court has reinforced the principle of liberty by granting bail to an accused in a rape case where the defense established a prima facie case of emotional and physical proximity between the parties. Recognizing that the investigation was nearing completion and the trial was likely to be prolonged, the court prioritized the lack of criminal antecedents and the absence of flight risk over the initial prosecution narrative.

In a hearing before Justice Rajesh Kumar Gupta at the Gwalior Bench, the court considered the first bail application under Section 483 of the BNSS. The matter pertained to allegations of sexual assault registered under the newly enacted BNS.

Court Observations on Merits and Conduct

The Bench examined the facts and circumstances surrounding the FIR registered at Police Station Bamori. The defense argued that the prosecutrix shared physical and emotional proximity with the applicant on her own freewill, suggesting a consensual relationship. The court, while refraining from making any final observations on the merits of the case to avoid prejudice to the trial, found the applicant fit for release on a personal bond of Rs. 50,000.

The Court, in its reasoning, observed: "Considering the facts and circumstances of the case, but 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/-... along with one solvent surety in the like amount to the satisfaction of the trial Court/Remand Magistrate."

The Court has the following directions:

"i) The applicant will comply with all the terms and conditions of the bond executed by him/her;

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

iii) The applicant will not indulge himself /herself 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 acts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not commit any other offence or will not repeat the offence in future. In case offence of same nature is repeated, this bail order shall automatically stand cancelled;

v) The applicant will not seek unnecessary adjournments during the trial; and

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

Background

The applicant was arrested on October 19, 2026, following allegations of rape under Section 64(2)(m) of the BNS, along with Sections 331(4) and 351(3). The prosecution alleged that the applicant had committed rape, whereas the defense countered that the relationship was entirely consensual and the implication was false.

It was highlighted that the applicant is a permanent resident of District Guna and posed no threat to the prosecution's evidence. Despite the State's vehement opposition to the bail plea, the court found that the conclusion of the trial would take a considerable amount of time. Consequently, the High Court allowed the application, directing the transmission of the order to the concerned Station House Officer and the Trial Court for immediate compliance.

Case Details:
Case No.: MISC. CRIMINAL CASE No. 54953 of 2026
Neutral Citation: 2026:MPHC-GWL:34278
Case Title: Vijay Singh Versus State Of Madhya Pradesh And Anr
Appearances:
For the Petitioner(s): Shri Rishikesh Bohare - Advocate
For the Respondent(s): Shri Harish Sharma - PP

Source: 2026 CaseBase(MP) 36571