[Cites 3, Cited by 0]
Madhya Pradesh High Court
Neeraj Alias Chotu Yadav vs The State Of Madhya Pradesh on 30 January, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:3772
1 MCRC-3726-2026
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. 3726 of 2026
NEERAJ ALIAS CHOTU YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Faisal Ali Shah - Advocate for the applicant.
Shri Vikram Pippal - Public Prosecutor for the State.
ORDER
This is the second bail application under Section 483 of BNSS filed by
the applicant for grant of bail. He has been arrested on 24.09.2025 by Police
Station Pandokhar, District Datia in connection with Crime No.118/2025,
registered in relation to the offence punishable under Sections 137(2), 65(1)
of BNS and Sections 5L/6 of the Protection of Children from Sexual
Offences (POCSO) Act. His earlier bail application was dismissed as
withdrawan vide order dated 20.11.2025 with a liberty to renew the same
after statement of prosecutrix.
As per the case of the prosecution, the prosecutrix along with her
mother appeared at the police station and lodged an FIR alleging that she was
acquainted with and had friendship with Neeraj alias Chhotu Yadav (present
applicant) of her village. She had earlier informed him that she had gone to
her aunt's house at village Padri. On 20.09.2025 at about 03:00 PM, while
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going to a village shop, she met Neeraj (present applicant), who allegedly
took her on his motorcycle to Dabra to his maternal aunt's house, where, in
the absence of family members, he allegedly committed forcible sexual
intercourse with her. Subsequently, upon information given by Neeraj's
maternal aunt, the parents and maternal uncle of the prosecutrix reached
Dabra and brought her back to village Ingui. On the basis of the said report,
alleged crime was registered against the accused.
Learned counsel for the applicant submits that the applicant's earlier
bail application was dismissed as withdrawn vide order dated 20.11.2025,
with liberty to renew the same after examination of the statements of the
prosecutrix. The change in circumstance is that the statements of the
prosecutrix have now been recorded before the learned Trial Court on
30.12.2025. It is further submitted that the statement of the prosecutrix
clearly establishes that there was mutual friendship between the applicant
and the prosecutrix and that she voluntarily accompanied the applicant.
Learned counsel further submits that the prosecutrix is illiterate and has
never attended school; hence, no reliable school record is available for
determination of her age. Although a birth certificate has been relied upon by
the prosecution, its authenticity is highly doubtful, as the Municipal
Corporation, Gwalior has categorically stated in response to an application
under the Right to Information Act that the said certificate was never
registered or issued by it. Moreover, the prosecutrix herself has stated that
she was instructed by the police to disclose her year of birth as 2009, which
creates serious doubt regarding her actual age. It is also submitted that there
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exists long-standing enmity between the families of the applicant and the
prosecutrix on account of a land dispute, and the present case has been
falsely lodged with an intention to pressurize the applicant. It is submitted
that the applicant was not present at the place of occurrence as alleged.
Learned counsel submits that the applicant has been in custody since
28.10.2025 and is the sole earning member of his family. The investigation is
complete and the charge-sheet has already been filed; therefore, no further
custodial interrogation of the applicant is required. Although the prosecutrix
has supported the prosecution case, her statement does not lay down a strong
or unimpeachable foundation for conviction. Learned counsel further
submits that the applicant undertakes to cooperate with the trial and shall
remain present before the learned Trial Court on each and every date fixed.
He further undertakes not to influence any prosecution witness or tamper
with the evidence in any manner whatsoever and is ready to abide by all the
terms and conditions that may be imposed by this Hon'ble Court. With the
aforesaid submissions, a prayer for grant of bail is made.
Per contra, learned counsel for the State vehemently opposed the
application and prayed for its rejection, looking to the nature and gravity of
the offence, the statements of the prosecutrix, and the fact that the DNA
report is positive.
Considering the overall facts and circumstances of the case 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,
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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, 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;
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
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may be.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
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