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Madhya Pradesh High Court
Nepali Alias Ramakant Sesha vs The State Of Madhya Pradesh on 10 March, 2026
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
ON THE 10th OF MARCH, 2026
CRIMINAL APPEAL No. 2227 of 2026
NEPALI ALIAS RAMAKANT SESHA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vibhor Kumar Sahu - Advocate for the appellant.
Shri Ashok Kumar Dohre, - Advocate for the respondent [R-2].
Shri Vikram Pippal - PP appearing on behalf of State.
ORDER
The appellant has filed this criminal appeal under Section 14-A (2) of
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
being aggrieved by order dated 26.02.2026 passed by Special Judge,
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
Ashoknagar whereby bail application under Section 483 of BNSS of
appellant has been dismissed.
2 . Learned Counsel for the State submits that the victim has been
informed about filing of this appeal in compliance with mandate of Section
15-A of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
3. Appellant has been arrested on 18.02.2026 by the Police Station-
Chanderi, District Ashoknagar in connection with Crime No.38/2026,
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registered in relation to the offence punishable under Sections 64(1), 64(2)
(m), 70(1), 331(6), 296, 351(3) of BNS and 3(1)(da) (dha), 3(2)(va), 3(2) (w)
(ii), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act and Section 67 of IT Act.
4. Learned Counsel for the appellant submits that appellant is innocent
and has falsely been implicated in the crime. It has also been submitted that
there is previous enmity between parents of prosecutrix and the present
appellant and on account of the same he has falsely been implicated in the
matter. The main allegations of committing rape were against co-accused
Harkishan and the present appellant does not know Harkishan. Learned
counsel further submits that the parents and relatives of prosecutrix have
been making false complaint against the appellant. Initially on 15.10.2024
mother of the prosecutrix filed FIR against present appellant. Thereafter, on
28.03.2025 close relative of prosecutrix lodged FIR. Against the said
conduct present appellant had made representations before the police
authorities for proper investigation in the matter on the ground that he has
been falsely implicated in those cases. Further it has been submitted that as
per prosecution story the incident took place 8 months back and FIR was
lodged on 14.01.2026 and in the said FIR there was allegation of committing
rape against the co-accused Harkishan and there was no allegation against
the present appellant of committing rape. The only allegation against the
present appellant was that he was present on the spot of incident and took the
nude photos of prosecutrix. In the 161 statement also same version was
narrated, but in the 164 statement the prosecutrix has developed the story and
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made the allegation that along with Harkishan, present appellant had also
committed wrong act. There are material contradictions and omissions in the
statements of prosecutrix. He has good case on merits. Trial is likely to take
long time to conclude. The appellant is ready and willing to abide by any
conditions which may be imposed by the Court. On these grounds, he prays
that the impugned order be set aside and appellant may be extended the
benefit of bail.
5 . On the other hand, learned counsel for State as well as complainant
opposed the appeal, but could not point out that the photos which went viral
were taken from the mobile of the present appellant or appellant has made it
viral. Hence, prayed for dismissal of the appeal.
6. Heard the counsels for the parties and perused the case dairy.
7. Considering the facts and circumstances of the case and the fact that
it is not proved that the photos of prosecutrix which went viral were taken by
present appellant, trial will take time, without commenting upon the merits of
the case, this appeal stands allowed and it is directed that the appellant be
released on bail on his furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one solvent surety in the like amount to
the satisfaction of the concerned trial Court.
8. This order will remain operative subject to compliance of the
following conditions by the appellant:-
1. The appellant will comply with all the terms and conditions of the
bond executed by them;
2.The appellant will cooperate in the investigation/trial, as the case
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may be;
3.The appellant 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/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
4.The appellant shall not commit an offence similar to the offence of
which the are accused;
5.The appellant will not seek unnecessary adjournments during the
trial; and
6.The appellant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
7. The appellant shall not move in the vicinity of victim and shall not
be a source of embarrassment or harassment to her and her family members
in any manner, otherwise benefit of bail shall stand cancelled automatically
without any reference to the Court.
8. Appellant shall not try to contact the victim and her family members
by themselves, through somebody else or through any electronic device,
otherwise, benefit of bail shall be immediately withdrawn.
9. A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.
(PUSHPENDRA YADAV)
JUDGE
Chandni
