IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 13 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 46483 of 2025 KALLU KHAN Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Samarjeet Singh Kaurav - Advocate for the applicant.

Shri APS Tomar - Public Prosecutor for the State.

ORDER This first application has been filed under Section 438 of Cr.P.C/482 of BNSS for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.325/2025 registered at Police Station Chachoda District Guna for offence punishable under Sections 137(2), 70(2), 351(3) of BNS and Section 5(G)/6 of the POCSO Act.

As per prosecution story, on 05.08.2025, the prosecutrix had left her house around 2:00 PM to go to Char Shahar Naka to have some snacks. At that time, near Rathore Medical Store, Rahul Lodhi and accused Kallu Khan came from behind on a scooter. Co-accused Rahul allegedly placed a country-made pistol (katta) on her waist from behind, threatened her, and forcibly made her sit on the scooter. They then took her to Room No.107 of the American Hotel, located in Deendayal Nagar, where both of them allegedly made her consume liquor and intoxicating substances and then committed rape on her. Afterward, at around 6:00 PM, they left her near Gole Ka Mandir Chauraha. From there, she called her mother and asked her to come to Char Shahar Naka. On 09.08.2025, she narrated the entire incident to her mother, and on 16.09.2025, she lodged a report regarding the alleged incident at Police Station Hazira, Gwalior. Accordingly, the offence has been registered against the present applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the incident allegedly occurred on 05.08.2025, but the FIR was lodged only on 16.09.2025, which is an unexplained delay of more than a month. Such delay raises serious doubts regarding the credibility of the prosecution story and indicates the possibility of false implication. The applicant may have been falsely implicated due to personal enmity, rivalry, or other ulterior motives. The prosecution has not demonstrated any direct motive for the applicant to commit the alleged offence. It is further submitted that even after the alleged incident, the complainant repeatedly contacted the applicant on his mobile number and began blackmailing him, demanding Rs.2,00,000/-. When the applicant did not comply, the complainant threatened to falsely implicate him in a rape case. Call detail records of the applicant’s mobile phone, evidencing these contacts, are annexed as P-2. It is further submitted that the applicant approached concerned Police Station on 10.08.2025 to lodge a complaint regarding the complainant’s blackmail, but the police refused to record his grievance. Subsequently, on 11.09.2025, he sent a written complaint to the Station House Officer, Police Station Hazira, via post. Despite these efforts, Police Station Hazira did not take any action on the applicant’s complaint. Instead, on 16.09.2025, a false case was registered against him based on the complainant’s allegations. It is further submitted that being a permanent resident of District Morena, the applicant poses no flight risk and will not tamper with evidence. He is willing to cooperate fully with the police investigation and abide by all directions/conditions of this Court.

Per contra, learned Public Prosecutor has opposed the application and has prayed for its rejection looking to the nature and gravity of offence. After considering the submissions of the parties and perusing the case diary, it is evident that the allegations against the applicant are of a very serious nature, involving abduction and sexual assault of a minor, as alleged under Section 5(G)/6 of the POCSO Act, along with offences under BNS. These offences carry severe punishments, and the legislati