Forensic Report Excludes Accused As Minor's Child's Father, Yet MP HC Denies Bail, Orders Probe

Jabalpur: The Madhya Pradesh High Court has dismissed the second bail application of a man accused of raping a minor. It did so even though a forensic report found that he was not the biological father of the victim's terminated pregnancy and the victim did not support the prosecution in court. The court directed the Superintendent of Police, Chhatarpur to constitute a special team to find out who sexually assaulted the victim and who is the biological father of the fetus.

Justice Ajay Kumar Nirankari was hearing the second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. According to the prosecution, the victim alleged that the applicant forcibly committed rape on her. On medical examination she was found to be two months pregnant, and the pregnancy was terminated, with the fetus preserved. The applicant was arrested and his blood sample was collected. The State Forensic Science Laboratory, Sagar examined the placenta tissue, the fetus and the blood samples and prepared a report dated 29.08.2026.

The report stated that the applicant is not the biological father of the fetus. The victim, examined as PW-1, did not support the prosecution and stated in cross-examination that the applicant had not raped her. The court noted that, as per the scientific report, the applicant was not the biological father and the victim had conceived through physical relations with another man.

However, the court recorded that the victim is a minor aged 16 years, 2 months and 16 days, and held that she had been subjected to sexual harassment by the applicant and another person. It noted that in her statements recorded under Sections 180 and 183 of the BNSS, the victim had categorically alleged that the applicant forcibly raped her at a place in Chhatarpur district. It also observed that the victim was recovered at the instance of the applicant's wife, which showed that she was sexually assaulted at that time.

Considering these facts, the court dismissed the bail application. It further directed the Superintendent of Police, Chhatarpur to constitute a special team and conduct a detailed enquiry to find out who sexually assaulted the victim and who is the biological father of the fetus. The enquiry must be concluded within two months, and appropriate action taken accordingly. A copy of the order was directed to be supplied to the State Government, and the Registrar was directed to communicate it to the Superintendent of Police for compliance.

Appearances:

For the Applicant: Mr. Baboo Ji Chourasia, Advocate.

For the State: Mr. Naman Mishra, Panel Lawyer.

Case Title: Applicant vs. State of Madhya Pradesh & Ors., Misc. Criminal Case No. 40365 of 2026 [2026:MPHC-JBP:77104]