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Madhya Pradesh High Court
Rahul Rathore vs The State Of Madhya Pradesh on 6 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4861
1 MCRC-5341-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 6 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5341 of 2026
RAHUL RATHORE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Smt. Uma Kushwah - Advocate for the applicant.
Ms. Kalpana Parmar - GA for the respondent/State.
Shri Ravi Bhargava - Advocate for the complainant.
ORDER
This is the first application filed by the applicant under Section 482 of
BNSS for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.571/2025
registered at Police Station Dabra, District Gwalior for the offences punishable
under Sections 137(2), 87, 64(2) of BNS and Section 5L/6 of POCSO Act.
As per prosecution story, on 05.09.2025 the mother of the prosecutrix
lodged a missing report of the prosecutrix stating that on 04.09.2025 her daughter
(prosecutrix) went to sleep at night and when the complainant woke up, she found
the prosecutrix missing, then she and her husband tried to find her but they could
not find her. She doubted that some unknown person has lured the prosecutrix and
has taken her away. During investigation prosecutrix was recovered and her
statement was recorded, wherein she stated that the petitioner took her to Jhansi
and sexually assaulted her. Therefore, the police registered the FIR against the
accused persons under Section 137(2) 64, 87 of BNS and section 5 and 6 of
POCSO Act.
NEUTRAL CITATION NO. 2026:MPHC-GWL:4861
2 MCRC-5341-2026
Learned counsel for the applicant submits that the applicant has been falsely
implicated in the present case and he has not committed any offence. It is
submitted that from bare perusal of the prosecution story, it is evident that the
complainant's family, has concocted the entire story to falsely implicate the
present applicant. It is further submitted that in the statement of the prosecutrix
recorded under Section 164 of the Cr.P.C., she stated that she had gone with the
applicant of her own accord and stayed at Jhansi, where they entered into a
physical relationship. It is further submitted that the prosecutrix and her mother
are in the habit of lodging false cases. The mother of the prosecutrix had earlier
lodged a missing report dated 22.08.2025, bearing Crime No. 534/2025. During
the investigation in the said case, when the prosecutrix was recovered, she did not
make any complaint against any person. The applicant undertakes to abide by all
conditions imposed by the Court. Under these grounds, counsel prayed for
anticipatory bail.
Per contra , learned counsel for the State as well as counsel for the
complainant has opposed the application for anticipatory bail and prayed for its
rejection.
Heard learned counsel for the parties and perused the case diary.
On due consideration of the overall facts and circumstances, without
commenting upon the merits of the case, this Court deems it appropriate to extend
the benefit of anticipatory bail. Accordingly, the present anticipatory bail
application is allowed.
It is directed that in the event of arrest, the applicant shall be released on
anticipatory bail upon furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety of the like amount to the
satisfaction of the Arresting Officer/Investigating Officer, subject to compliance
NEUTRAL CITATION NO. 2026:MPHC-GWL:4861
3 MCRC-5341-2026
of the following conditions by the applicant:-
(i) The applicant will comply with all the terms and conditions of the bond
executed by him;
(ii) The applicant will cooperate in the investigation/ trial, as the case may
be;
(iii) The applicant will not indulge himself in extending inducement, threat
or promise to any person acquainted with the facts of the case so as to dissuade
them from disclosing such facts to the Court or to the Police Officer, as the case
may be;
(iv) The applicant shall not commit any offence during the period of bail;
(v) The applicant will not seek unnecessary adjournments during the trial;
(vi) The applicant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court/Police Station concerned for
compliance. Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
