Safiya Malik

The Madhya Pradesh High Court at Jabalpur has granted anticipatory bail to an individual accused under multiple provisions of the Bharatiya Nyaya Sanhita, 2023. The bench of Justice Devnarayan Mishra allowed the bail application, citing that custodial interrogation was not necessary. The applicant was directed to furnish a personal bond of ₹50,000 with a surety of the same amount and comply with strict conditions, including full cooperation with the investigating agency and restrictions on contacting the victim.

The case arose from a complaint lodged at Kotwali Shahdol Police Station, where the applicant was accused of offenses punishable under Sections 69, 118(1), and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicant had established a relationship with the complainant under coercion and threats. The objector, representing the complainant, argued that the accused had used intimidation to establish physical relations and did not deserve anticipatory bail. The State also opposed the bail application, contending that medical records showed that the complainant had sustained injuries to the head, hand, and stomach, indicating assault.

The applicant’s counsel submitted that the relationship between the parties was consensual, citing chat records and other digital communications, which were submitted as part of the bail application. It was further argued that a dispute had arisen due to the complainant's relationship with another individual, which led to the filing of the case. The applicant maintained that he had no intention of causing harm and that his arrest was unnecessary for the purpose of investigation.

The court examined the submissions and the case diary before arriving at its decision. It observed, "Looking to the facts and circumstances of the case coupled with the fact that custodial interrogation of the applicant is not required, this Court deems it appropriate to enlarge the applicant on anticipatory bail, therefore, without commenting on the merits of the case, the application is allowed."

The court imposed strict conditions while granting bail. It directed that the applicant shall not establish any direct or indirect contact with the complainant or any witness in the case. The order stated, "The applicant is directed that he directly or indirectly shall not establish any relation and induce or threaten the victim or any other person proposed to be a witness in the case." Further, the applicant was instructed to appear before the police whenever required and to submit all his electronic devices, including mobile phones and laptops, along with passwords to social media platforms such as Facebook, Instagram, and WhatsApp. The order noted, "The applicant shall submit all the electronic gadgets like laptop, mobile and shall also disclose his password of all social media platforms like Facebook, Instagram, and WhatsApp etc. to the agency."

Additionally, the court mandated that the applicant provide samples of his body fluids and blood if required by the police authorities. He was also required to comply with all conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The bail order further emphasized that the applicant must cooperate in the investigation and attend all necessary proceedings until the conclusion of the trial.

The High Court’s order instructed the applicant to refrain from any interference with the investigation process and to abide by the directives issued by the investigating agency. The application was allowed with the aforementioned conditions, and the matter was disposed of accordingly.

Case Title: Murli Manohar Soni v. The State of Madhya Pradesh

Neutral Citation: 2025:MPHC-JBP:9215

Case Number: Misc. Criminal Case No. 55535 of 2024

Bench: Justice Devnarayan Mishra

[Read/Download order]