[Cites 3, Cited by 0]
Madhya Pradesh High Court
Rahul Prajapati vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9203
1 MCRC-13115-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 7 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 13115 of 2026
RAHUL PRAJAPATI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tanuj Tiwari - Advocate for the applicant.
Shri Bhaskar Agrawal - Govt. Advocate for the respondent/State.
Shri Rohil Vyas - Advocate for the respondent [OBJ].
ORDER
Learned counsel for the State informs that notice to victim has duly been
served.
2 This second application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No. 418 of 2025
registered at Police Station - Shujalpur Mandi, District - Shajapur (M.P.) for
offence punishable under Sections 137(2), 87, 64(1), 351(3) of BNS, 2023 and
Section 3/4 of POCSO Act, 2012 and Sections 3(2)(v), 3(2)(va), 3(1)(w)(i), 3(1)
(w)(ii) of SC/ST (PA) Act, 1989. Applicant is in judicial custody since
03.12.2025. First bail application was dismissed as withdrawn vide order dated
02.02.2026 passed in MCRC No.2129/2026 thereafter, the victim (P.W.1) has
been examined before the trial Court.
3. Heard the arguments.
4. Perused the grounds for grant of bail stated in the application, case diary
and the relevant material on record.
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5. Learned counsel for the applicant, in addition to the grounds mentioned
in the application, submits that the applicant is falsely implicated in the alleged
offence under the pressure of family members of the victim. It is a case of friendly
relationship between youngsters. The victim had left her parental home and went
with the applicant to Ujjain. No offence, as alleged, is committed by the applicant.
Learned counsel referring to the statement of the victim recorded under Section
183 of BNSS, 2023 on 02.03.2026 and the DNA examination report contended
that the accusation of penetrative sexual assault stands falsified. Learned counsel
further submits that the victim P.W.1 has been examined before the trial Court and
there is no likelihood tampering with the remaining evidence by the applicant for
the reason that he is not capable of influencing the witnesses. Applicant has clean
past, with family roots. There is no history of evading process of law. Jail
incarceration is causing hardship to the applicant and the dependent family.
Applicant is ready to cooperate in the trial.
6. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. However, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicant.
Applicant is aged around 29 years and is labourer by profession.
7 . As per the accusation on record , maternal uncle of victim reported to
Police Station Shujalpur Mandi, that the minor niece aged around 17 years and 3
months is missing since night of 01.12.2025. The victim and the applicant
appeared before the Police Station Shujalpur Mandi on 03.12.2025. Initially, the
victim did not allege any penetrative sexual assault by the applicant, but later in
the statement recorded under Section 183 of BNSS, 2023, she alleged that the
applicant took her to the house of his sister and committed penetrative sexual
assault with her. However, the DNA examination report reveals absence of Y-
NEUTRAL CITATION NO. 2026:MPHC-IND:9203
3 MCRC-13115-2026
Chromosome STR DNA Profile in the source material of the victim. The applicant
was arrested on 03.12.2025. He is in custody ever since. The trial is underway.
Victim (P.W.1) has been examined before the trial Court. The contentions
advanced by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The veracity of prosecution and complicity of the applicant in
the alleged offence will be determined after evidence in the trial.
8. As informed, the applicant has responsibilities of aged
parents. Considering these aspects, there appears to be no possibility of fleeing
from justice. In absence of any criminal antecedent, considering the socio-
economic status of the applicant, there appears to be no likelihood of recidivism or
tampering with evidence or influencing the witnesses by the applicant. There
appears to be no compelling reason to continue incarceration of the young
applicant. However, the observations, herein-above, are recorded for present
application only.
9. Considering the rival contentions and overall circumstances of the case,
in the light of aforestated facts, but without commenting on the merits, this Court
is inclined to release the applicant on bail. Thus, the application is allowed.
10. Accordingly, it is directed that applicant - Rahul Prajapati shall
be released on bail in connection with the Crime as mentioned in first paragraph
of this order, upon furnishing a personal bond in the sum of Rs. 25,000/- (Rupees
twenty five thousand only) with one solvent surety of the same amount to the
satisfaction of the Trial Court, for compliance with the following conditions :(For
convenience of understanding by accused and surety, the conditions of bail are
also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed
by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
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(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन,
धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को
कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence
or allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023
regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
11. This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the Trial Court may consider, on merit,
cancellation of bail without any impediment of this order.
12. The trial Court shall get these conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of them is
unable to write, the scribe shall certify that he/she had explained the conditions to
the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sumathi
