[Cites 2, Cited by 0]
Madhya Pradesh High Court
Bholaram vs The State Of Madhya Pradesh on 29 January, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:3708
1 MCRC-4710-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 29th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 4710 of 2026
BHOLARAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manas Dubey - Advocate for the petitioner [P-1].
Shri Mohit Shivhare Ga appearing on behalf of Advocate General[r-
1].
ORDER
This is first bail application under Section 483 of BNSS filed by the
applicant for grant of bail.
The applicant has been arrested on 23.10.2025 by Police Station-
Gormi, District Bhind in connection with Crime No.339/2025, registered in
relation to the offence punishable under Section 137(2), 65 (2), 115 (b), 351
(2) of BNS and section 5 (m)/6 of POCSO Act.
As per the case of the prosecution, the allegation against the present
applicant is that he committed rape upon the prosecutrix, who is minor. On
the basis of such allegation, the above crime was registered.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the case. He has not committed any offence. He further
submitted that the prosecutrix and her mother have been examined during
NEUTRAL CITATION NO. 2026:MPHC-GWL:3708
2 MCRC-4710-2026
trial and in their Court statement, they have turned hostile and had not
supported the case of the prosecution. The applicant is the first offender and
he has no criminal past. Trial will take time for its conclusion. The applicant
is permanent resident of District Bhind and there is no likelihood of his
absconsion or tampering with the prosecution evidence. He is ready to abide
by the terms and conditions as may be imposed. With the aforesaid
submissions, prayer for grant of bail is made out.
Learned counsel for the State vehemently opposed the application and
prayed for its rejection.
Considering the overall facts and circumstances of the case, nature of
allegations and looking to the Court statement of the prosecutrix and her
mother as they have turned hostile and not supported the case of the
prosecution, coupled with the fact that the trial is not likely to conclude in
near future and prolonged pre- trial detention being an anathema to the
concept of liberty, this Court is inclined to extend the benefit of bail to the
applicant.
Accordingly, 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/- (Rupees Fifty
Thousand only) with one solvent surety of the like amount to the satisfaction
of the trial Court/committal Court for his appearance on the dates given by
the concerned Court.
This order will remain operative subject to compliance of the
following conditions by the applicant:-
NEUTRAL CITATION NO. 2026:MPHC-GWL:3708
3 MCRC-4710-2026
1. The applicant will comply with all the terms and conditions of the bond
executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. 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
him from disclosing such facts to the Court or to the Police Officer, as the
case may be;
4 . The applicant shall not commit any other offence during pendency of the
trial, failing which this bail order shall stand cancelled automatically, without
further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial
Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
