[Cites 3, Cited by 0]
Madhya Pradesh High Court
Budharam vs The State Of Madhya Pradesh on 30 January, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:3812
1 MCRC-4616-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 30th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 4616 of 2026
BUDHARAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Prabal Pratap Singh Solanki - Advocate for the applicant.
Ms. Kalpana Parmar - GA for the respondents/State.
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 15.12.2025 by Police Station-
Piprai, District Ashoknagar in connection with Crime No.112/2025,
registered in relation to the offence punishable under Sections 64, 107 of
BNS and Section 3/4 of POCSO Act.
According to the prosecution story, on the basis of the inquest diary of
the deceased Sapna, which was received on 31.03.2025 from the District
Hospital, Ashoknagar, the original inquest case bearing No. 09/25 under
Section 194 of the BNSS was registered and taken up for investigation. The
scene of the incident was thoroughly inspected and a spot map was prepared.
Statements of witnesses, namely the deceased's father Dalaram Babri,
mother Papudi Babri, maternal uncle Yuddha Ram, and witnesses Prashant
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Rab and Bhujbal Ahirwar, were recorded, wherein they stated that the death
of the deceased Sapna Babri was due to injuries sustained after slipping near
the well while fetching water and falling into the well. The post-mortem of
the deceased was conducted by a panel of doctors at the District Hospital,
Ashoknagar. As per the post-mortem report, the cause of death was
hypovolemic shock due to vital organ injury. Further, as per the FSL
investigation report dated 29.04.2025, human sperm was found on the
vaginal slide (Exhibit-B) of the deceased Sapna Babri. From the
investigation report, it appears prima facie that before falling into the well,
the deceased was enticed and subjected to rape by an unknown person, as a
result of which she sustained injuries and fell into the well, leading to her
death. Accordingly, a case under Sections 64 and 107 of the BNS and
Sections 3/4 of the POCSO Act has been registered against an unknown
person and is under investigation.
Learned counsel for the applicant submits that the applicant has not
committed any offence and he has been falsely implicated in the case. The
alleged incident is stated to have occurred on 25.03.2025, whereas the first
information was given on 31.03.2025 and the FIR was registered on
09.05.2025, showing an inordinate and unexplained delay. The statements
under Section 161 of the CrPC were recorded on 16.04.2025, and in none of
the statements were allegations of rape or murder made.
So far as Section 107 of the BNS is concerned, none of the witnesses
have stated that the deceased was of unsound mind. No documentary proof
of age has been collected by the investigating agency and no ossification test
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was conducted to determine the age of the prosecutrix. The applicant is in
custody since 15.12.2025, and the conclusion of the trial will take
considerable time. The applicant is permanent resident of District Vayawar
(Rajasthan) 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, 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 local 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:-
1. The applicant will comply with all the terms and conditions of
the bond executed by him;
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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
neetu
