IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). /2025 (@SLP(Crl.) No.4380/2025) SHADAAB BAIG APPELLANT(s) VERSUS STATE OF MADHYA PRADESH & ANOTHER RESPONDENT(s) O R D E R Leave granted. This appeal challenges the judgment and order dated 20.12.2024 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 10498 of 2024. The appellant Shadaab Baig has been facing trial in connection with a crime registered pursuant to First Information Report No. 140 of 2023 dated 16.03.2023 lodged with Police Station Nanakheda, District Ujjain in respect of offences punishable under Sections 376(2)(n), 323, 467, 468 and 471 of the Indian Penal Code, 1860 (“IPC”) read with Sections 3 and 5 of the M.P. Dharmik Swatantra Adhiniyam, 2021. An application seeking regular bail having been rejected by the High Court vide impugned order dated 20.12.2024, the appellant has preferred the instant appeal. 1
This Court vide its order dated 26.03.2025, issued notice in the instant matter. Heard learned counsel for the appellant in support of the appeal and learned counsel for the State and perused the material on record. Learned counsel for the appellant submitted that the appellant and the prosecutrix had a consensual relationship and they lived together for a few months. However, the love affair turned sour and the prosecutrix has made false allegations which has led to the appellant being in jail since 13.07.2023(one year and ten months); that there are as many as thirty-eight witnesses to be examined and the trial will inevitably be delayed. Having regard to the frivolous allegations made by the prosecutrix against the appellant herein and the fact that for those allegations he has been incarcerated for all this period, this Court may consider his plea for bail by setting aside the impugned order. Per contra, learned counsel for the respondent-State with reference to his counter affidavit contended that the allegations against the appellant herein are not false or frivolous; that the prosecutrix has no doubt been examined but the fact that the allegations are serious against the 2
appellant herein would imply that he cannot be released on bail at this stage particularly when the trial is on as it may lead to the trial itself being frustrated. In the circumstances, he contended that the appeal may be dismissed. He further submitted that there are criminal antecedents against the appellant herein. Considering the facts on record, in our view, the case for bail is made out. We, therefore, allow this appeal and direct as under: “The appellant Shadaab Baig shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the proceedings arising out of FIR No. 140 of 2023 mentioned above.” It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any manner. The appellant shall not attempt to make any contact with the prosecutrix. Any infraction of the conditions shall entail cancellation of bail granted to the appellant. 3
With these observations, the Criminal Appeal is allowed. Pending application(s), if any, shall stand disposed of. ………………………………………………………, J. ( B.V. NAGARATHNA ) …………………………………………………………, J. ( SATISH CHANDRA SHARMA ) NEW DELHI; MAY 16, 2025 4
ITEM NO.7 COURT NO.6 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). 4380/2025 [Arising out of impugned final judgment and order dated 20-12-2024 in CRA No. 10498/2024 passed by the High Court of Madhya Pradesh at Indore] SHADAAB BAIG Petitioner(s) VERSUS STATE OF MADHYA PRADESH & ANOTHER Respondent(s) (IA No. 74032/2025 - EXEMPTION FROM FILING O.T.) Date : 16-05-2025 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Sanchar Anand, Adv. Mr. Apoorva Singhal, AOR Mr. Tanuj Agarwal, Adv. Mr. R. Venkataraman, Adv. Mr. Dharmendra Khanchandani, Adv. Mr. Md.Ashfaq, Adv. Mr. Aman Kumar Thakur, Adv. For Respondent(s) Mr. Aditya Vaibhav Singh (ga), Adv. Mr. Pashupathi Nath Razdan, AOR Mr. Raghvendra Shukla, 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. Pending application(s), if any, shall stand disposed of. (RADHA SHARMA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (SIGNED ORDER IS PLACED ON THE FILE) 5
ITEM NO.11 COURT NO.7 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). 4380/2025 [Arising out of impugned final judgment and order dated 20-12-2024 in CRA No. 10498/2024 passed by the High Court of Madhya Pradesh at Indore] SHADAAB BAIG Petitioner(s) VERSUS STATE OF MADHYA PRADESH & ANR. Respondent(s) IA No. 74032/2025 - EXEMPTION FROM FILING O.T. Date : 25-04-2025 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) :Mr. Sanchar Anand, Adv. Mr. Apoorva Singhal, AOR Mr. Tanuj Agarwal, Adv. Mr. R. Venkataraman, Adv. Mr. Dharmendra Khanchandani, Adv. Mr. Md.ashfaq, Adv. Mr. Aman Kumar Thakur, Adv. For Respondent(s) :Mr. Aditya Vaibhav Singh (ga), Adv. Mr. Pashupathi Nath Razdan, AOR UPON hearing the counsel the Court made the following O R D E R On the request made by learned counsel for the respondent(s)/State, two weeks’ time is granted to file counter affidavit. List on 16.05.2025. (NEETU SACHDEVA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.43 COURT NO.7 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). 4380/2025 [Arising out of impugned final judgment and order dated 20-12-2024 in CRA No. 10498/2024 passed by the High Court of Madhya Pradesh at Indore] SHADAAB BAIG Petitioner(s) VERSUS STATE OF MADHYA PRADESH & ANR. Respondent(s) (FOR ADMISSION IA No. 74032/2025 - EXEMPTION FROM FILING O.T.) Date : 26-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Sanchar Anand, Adv. Mr. Apoorva Singhal, AOR Mr. Tanuj Agarwal, Adv. Mr. R. Venkataraman, Adv. Mr. Dharmendra Khanchandani, Adv. Mr. Md.ashfaq, Adv. Mr. Aman Kumar Thakur, Adv. For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R Issue notice to the respondents, returnable on 25.04.2025. Petitioner’s counsel is also permitted to serve the standing counsel for first respondent-State. (RADHA SHARMA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)