logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 MPHC 028 print Preview print print
Court : High Court of Madhya Pradesh (Bench at Gwailor)
Case No : MISC. Criminal Case No. 3607 of 2026
Judges: THE HONOURABLE MR. JUSTICE MILIND RAMESH PHADKE
Parties : Prashant Versus The State Of Madhya Pradesh
Appearing Advocates : For the Applicant: Arun Sharma, Advocate. For the Respondent: Samar Ghuraiya, Public Prosecutor.
Date of Judgment : 23-01-2026
Head Note :-
MPDVPK Act - Sections 11, 13 -

Comparative Citation:
2026 MPHC-GWL 2998,
Judgment :-

This is the first bail application 483 of BNSS (439 of Cr.P.C.) filed by the applicant for grant of bail. The applicant has been arrested on 17.10.2025 in connection with Crime No.209 of 2025 registered at Police Station Umari, District Bhind for offence punishable under Sections 309(4) of BNS read with Sections 11, 13 of the MPDVPK Act.

As per the prosecution story, on 15.10.2025, while returning home to Bakouda from his brother-in-law Jagram's house at Nahtauli, the complainant was travelling on his Splendor motorcycle No. MP-30/00-7976. At about 7:30 PM, near Putlu's Garden on the Sihuda-Jaonda Road, four unknown persons arrived from behind on a black Apache motorcycle No. MP-30/9123 and blocked his way. One of the accused, wearing a white shirt, asked about the direction to a village. Before the complainant could respond, two of them kicked his motorcycle, causing him to fall into a field and suffer a back injury. Two assailants then punched him on both cheeks. Thereafter, the assailants snatched the key of his motorcycle, his Samsung mobile phone (SIM No. 9589133228), and ₹5,000/- in ₹500 notes from his pocket. Finally, they also robbed his motorcycle. The accused fled the spot, two on the black Apache motorcycle towards Sihuda Road and two on the complainant's motorcycle.

Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present applicant. The looted motorcycle allegedly seized from the applicant was from an open place, which don't implicate the present applicant. Trial will take time for its conclusion. He is in custody since 17.10.2025. It is further submitted that co- accused Anmol Singh has already been granted regular bail by this Court vide order dated 16.01.2026. The applicant is permanent resident of District Bhind and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Per contra, learned Public Prosecutor/Panel Lawyer for the State vehemently opposed the application and prayed for its rejection.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant. Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court, subject to compliance of the following conditions by the applicant:-

          1. The applicant will comply with all the terms and conditions of the bond executed by him;

          2. The applicant will cooperate in the investigation/trial, as the case may be;

          3. 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

          4. The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

          5. The applicant will not seek unnecessary adjournments during the trial; and

          6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the concerned trial Court for necessary compliance.

Certified copy as per Rules.

 
  CDJLawJournal