The Madhya Pradesh High Court granted bail to a man accused under POCSO after noting that the girl’s age was hidden using a forged Aadhaar card. The Court observed that facts on record showed possible fraud played on the accused, leading to his prolonged arrest.
Indore: The Madhya Pradesh High Court at Indore has granted bail to an accused man in a serious case involving allegations under the Bharatiya Nyaya Sanhita and the POCSO Act after finding prima facie indications of fraud and document manipulation. The Court examined whether the accused was wrongly implicated due to suppression of age through forged identity documents and held that the matter deserved consideration at the bail stage.
The case was registered at Police Station Vijaynagar, District Indore, under multiple sections of the Bharatiya Nyaya Sanhita, 2023, along with provisions of the POCSO Act. The prosecution alleged that the applicant, aged about 34 years, had solemnized marriage with the prosecutrix who was allegedly 15 years old at the time of the incident. It was claimed that the marriage was arranged by the prosecutrix’s paternal uncle and aunt. On this basis, offences relating to sexual assault on a minor were invoked.
During the hearing, the counsel for the applicant argued that the applicant himself was a victim of a well-planned fraud. It was submitted that the true age of the prosecutrix was deliberately concealed by her uncle and aunt by preparing a forged Aadhaar card. The Aadhaar card falsely showed her date of birth as 01.12.2002 and even reflected a changed name. The defence placed photographs and video clips of the marriage on record, showing the prosecutrix dancing with the applicant and appearing happy, to demonstrate that the marriage was not forced.
The applicant’s counsel further informed the Court that after discovering the fraud, the applicant’s family lodged a separate FIR which alleged cheating, forgery and misrepresentation and also stated that a sum of Rs. 2,10,000 had been paid to the prosecutrix’s side through PhonePe. It was also alleged that the prosecutrix mixed intoxicants in the food of the applicant’s family and later fled with jewellery and valuables.
It was also pointed out that the person named Devchand, accused of forging the Aadhaar card, had already been granted bail by the High Court. This fact weighed in favour of the applicant, as the main accused in the alleged document forgery was already on bail.
The State strongly opposed the bail application. They argued that the prosecutrix was only 15 years old while the applicant was 34 years old. It was also contended that the prosecutrix was not allowed to communicate with her father during the relevant period and that the seriousness of the offence required rejection of bail.
After considering the submissions of both sides, examining the case diary, and taking note of the FIR lodged by the applicant’s side alleging fraud, the High Court observed that the true age of the prosecutrix appeared to have been suppressed by using a forged Aadhaar card. The Court also took into account that the alleged forger had already been granted bail and that there was material suggesting deception played upon the applicant.
The High Court clearly stated that “without commenting on the merits of the case”, the applicant had made out a case for grant of bail. The Court clarified that it was not expressing any opinion on the final merits of the case and that the observations were limited only for the purpose of deciding the bail application.
Accordingly, the bail application was allowed, and the applicant was directed to be released on bail on furnishing a personal bond of Rs. 25,000 with one solvent surety of the like amount. The applicant was also directed to remain present before the trial court during the trial and to comply with the conditions prescribed under Section 437(3) of the Criminal Procedure Code, 1973.
This order is significant as it recognises that in certain POCSO cases, the accused may himself be a victim of fraud and document manipulation. The Court’s emphasis on forged identity documents, counter-FIRs, and parity with co-accused underlines the need for careful judicial scrutiny before mechanically denying bail in serious criminal cases. The reference to earlier bail granted in forged document case, also played an important role in maintaining consistency and fairness in judicial decision-making.
Explanatory table – laws & sections involved
| Act & Section | Purpose of Law | How Applied in This Case |
| BNSS, 2023 – Section 483 | Empowers High Court to pass appropriate criminal orders | Used to hear and decide the bail application |
| CrPC, 1973 – Section 439 | Special power of High Court to grant bail | Bail sought and granted under this provision |
| CrPC, 1973 – Section 437(3) | Conditions to ensure accused cooperates after bail | Bail granted with standard conditions |
| BNS, 2023 – Section 61(2) | Criminal conspiracy | Alleged involvement based on prosecution version |
| BNS, 2023 – Section 65(1) | Sexual offence provision | Applied due to alleged minor status of girl |
| BNS, 2023 – Section 64(2)(m) | Aggravated sexual offence | Invoked because age was claimed below 18 |
| BNS, 2023 – Section 96 | Criminal intimidation | Added as part of prosecution allegations |
| BNS, 2023 – Section 137(2) | Causing harm / endangerment | Included based on complaint narrative |
| BNS, 2023 – Section 318(4) | Cheating and fraud | Relevant to forged Aadhaar and deception |
| BNS, 2023 – Section 338 | Act endangering life causing grievous hurt | Part of FIR allegations |
| BNS, 2023 – Section 336(3) | Rash or negligent act | Added as supporting offence |
| BNS, 2023 – Section 340(2) | Wrongful confinement | Alleged restriction on prosecutrix |
| BNS, 2023 – Section 167 | Fabrication of false document | Linked to forged Aadhaar card |
| POCSO Act – Sections 3 & 4 | Penetrative sexual assault on child | Invoked due to alleged age of 15 |
| POCSO Act – Sections 5(l) & 6 | Aggravated POCSO offence | Applied solely on disputed age claim |
Case Details
- Case Title: Chand Pal vs The State of Madhya Pradesh
- Court: High Court of Madhya Pradesh, Indore
- Bench: Hon’ble Shri Justice Subodh Abhyankar
- Date of Order: 03 December 2025
- Case Number: Misc. Criminal Case No. 52206 of 2025
- Neutral Citation: 2025:MPHC-IND:35326
- Counsels:
- For Applicant: Ms. Amrita Jain, Advocate
- For State: Shri Virendra Khadav, Govt. Advocate
- For Objector: Shri Tilok Gawali, Advocate
Key Takeaways
- Forged identity documents can instantly turn an innocent man into a POCSO accused, proving how dangerous blind reliance on Aadhaar and paperwork has become in criminal cases.
- The Court recognised that a man can also be a victim of organised fraud and manipulation, not every accused male is automatically a perpetrator.
- Age manipulation through fake Aadhaar exposes serious loopholes in identity validation, yet the legal burden and social damage fall entirely on the man.
- Mechanical application of POCSO without examining surrounding fraud encourages misuse of strict laws and destroys the principle of presumption of innocence.
- This case exposes the urgent need for stricter punishment for false document creation and misuse of gender laws, or innocent men will keep paying the price with their freedom, careers, and dignity.
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