IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

nd

ON THE 2 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 58117 of 2025 SALEEM Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Sita Ram Madrosiya advocate for the applicant.

Shri Sunit Kapoor public prosecutor for State.

ORDER

1. This first application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 666 of 2025 registered at Police Station- Chimanganj Mandi District- Ujjain (M.P.) for offence punishable under Sections 64, 296, 115(2) of the BNS, 2023 and Section 3,4 of The Madhya Pradesh Freedom of Religion Act, 2021. Applicant is in judicial custody since 15.10.2025.

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

4. Learned counsel for the applicant in addition to the grounds mentioned in the application submits that the applicant is falsely implicated in the alleged offence. The complainant lived with the applicant Saleem for 8 years. When their relationship turned sour, she left the applicant and started living with Mahesh Pawar at Badnagar. There was some discord between the parties, therefore, false allegations of rape are levelled against the applicant. The allegations regarding conversion of religion are levelled just to increase the gravity of alleged offence. The alleged offence is not committed by the applicant. The victim has declined to undergo the medical examination to verify the allegation of penetrative sexual assault. No DNA examination was conducted. The final report has been submitted on completion of investigation. Applicant has clean past with family roots. There is no history of evading process of law. The trial would take time to conclude. There is no likelihood of tampering with evidence by the applicant for the reason that the applicant is not capable of influencing the witness. Jail incarceration is causing hardship to the applicant and the dependent family. Applicant is ready to cooperate in the trial. The alleged offence is not heinous or brutal in nature affecting society at large.

5. Per contra, learned counsel for the State, ably assisted by learned counsel for the objector, opposes the application on the ground of gravity of alleged offence However, after going through the case dairy, he fairly admits that no criminal antecedent is reported against the applicant. Applicant is aged around 48 years and is agriculturist by profession.

6. According to the accusation on case diary, the complainant aged around 32 years went to the Police Station Chimanganj Mandi alongwith her acquaintance Mahesh Pawar and lodged report that she got friendly with Rakesh in the year 2017. Rakesh proposed to marry her. They started living as husband and wife. Later, it was revealed that Saleem was impersonating as Rakesh. Her name was changed as per the Muslim religion. Saleem used to manhandle her, therefore, they separated by executing a deed. She shifted to Badnagar. On 14.10.2025 around 6:00 in the evening, she went to house of Saleem. Saleem committed rape with her and assaulted her. She also pushed Saleem. Saleem has suffered some injury. She called her acquaintance, Mahesh Pawar and came to report. On such allegations, the police Station Chimanganj Mandi registered FIR for offence punishable under Section 64, 296, 115(2) of the BNS, 2023. Later, prosecution for offence punishable under Sections 3, 4 of the Madhya Pradesh Freedom of Religion Act, 2021 was added. The applicant was arrested on 15.10.2025. The final report has been submitted on completion of investigation. The contentions advanced by the applicant have prima facie merit and cannot be dismissed as mainfestly baseless. The veracity of prosecution, complicity and intention of the applicant will be determined after evidence in the trial.

7. As informed, applicant is labourer