Milind Ramesh Phadke, J
The applicant has preferred this second application under Section Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of bail. The earlier bail application was dismissed as withdrawn vide order dated 22.12.2025, with liberty to file afresh after filing of charge-sheet.
The applicant was arrested on 09.12.2025 in connection with Crime No.120 of 2025 registered at Police Station Mihona, District Bhind for offences punishable under Sections 64(1), 351(3), 354, 127(1) of the Bharatiya Nyaya Sanhita.
As per prosecution story, on 07.12.2025 in the evening, as the prosecutrix was childless, she went to the Lidhora temple along with her mother-in-law and the son of her maternal aunt-in-law (mausi saas) for performing a havan. At the temple, Ramprakash Pachauri Baba (present applicant) told the son of her maternal aunt-in-law that he had no work there and asked him to leave the place. Thereafter, Ramprakash Baba conducted the puja inside the temple and subsequently took the prosecutrix and her mother-in-law to his room for the purpose of performing the havan. From there, he sent the prosecutrix's mother-in-law to the field on the pretext of cutting a lemon and throwing it there. Taking advantage of her absence, he committed rape upon the prosecutrix and, upon her raising alarm, threatened her with death. On 08.12.2025, when the prosecutrix returned home, she narrated the said incident to her husband over the phone. On the basis of the written complaint submitted by the complainant, alleged was registered against the applicant/accused.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and that no such incident, as alleged by the prosecution, ever took place. It is contended that the allegations levelled against the applicant are highly exaggerated, motivated, and based on falsehoods. It is further submitted that the prosecutrix is a married woman and that there is unexplained delay in lodging the First Information Report, which creates serious doubt regarding the veracity of the prosecution story. Learned counsel further submits that as per the Medical Legal Certificate (MLC) of the prosecutrix, no external or internal injury has been found, which also casts serious doubt on the prosecution version. Learned counsel also submits that the applicant is about 80 years of age, suffering from serious age-related ailments, is physically frail, unable to walk without assistance. It is further submitted that pursuant to the liberty granted by this Court while dismissing the earlier bail application, the charge-sheet has now been filed, and therefore no further custodial interrogation of the applicant is required. It is further submitted that the applicant is a religious person and a temple priest by profession, having deep roots in society, and there is no likelihood of his absconding or tampering with the prosecution evidence. It is also submitted that the applicant has been in custody since 09.12.2025, the conclusion of trial is likely to take considerable time, and the applicant is a permanent resident of District Bhind with no likelihood of absconding or tampering with the prosecution evidence. On these grounds, prayer is made for grant of bail.
Per contra, learned Public Prosecutor for the State opposed the application and prayed for its rejection, contending that considering the nature and gravity of the offence, as well as the material available on record.
Heard learned counsel for the parties and perused the case diary. Considering the overall facts and circumstances of the case, the nature of the allegations, the period of custody undergone by the applicant, and the fact that the trial is not likely to conclude in the near future, this Court is inclined to extend the benefit of bail to the applicant. Accordingly, without commenting on the merits of the case, this bail application is allowed. It is directed that the applicant be released on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court, subject to compliance 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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he is found involved in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
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.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
