Madhya Pradesh High Court
Afzal Khan vs The State Of Madhya Pradesh on 13 August, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:22006
1 MCRC-26385-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 13 th OF AUGUST, 2025
MISC. CRIMINAL CASE No. 26385 of 2025
AFZAL KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Yadav, Advocate for the applicant.
Shri Amit Rawal, Govt. Advocate for the respondent/State.
ORDER
1. This second application has been filed by the applicant under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No.78/2025 registered at
Police Station-Lalghati, District-Shajapur(M.P.) for offence punishable under Sections
109, 115(2) and 324(4), 3(5) of BNS, 2023. Applicant is in judicial custody since
16.04.2025. His first bail application was dismissed as withdrawn vide order dated
16.05.2025, passed in M.Cr.C. No.20307/2025 with liberty to revive the prayer after
filing of charge-sheet.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application 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.
Applicant was not present on the spot of incident. Learned counsel referred to the
proceedings and copy of judgment, passed in S.T. No.174/2024 and decided by Special
Judge SC & S.T.(Prevention of Atrocities) Act, Shajapur to contend that on the date of
alleged incident i.e. on 16.04.2025, applicant was facing trial and was acquitted. He
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was present at the Court for the entire day. Learned counsel further submits that the
offence punishable under Section 109 of BNS is not made out from the material on
record. At the most, the offence punishable under Section 117(2) of BNS would be
made out which is bailable in nature. The final report has been submitted on
completion of investigation. The applicant is aged around 21 years, He is
labourer/driver by profession and still dependent on family and survives on occasional
labour work. Jail incarceration of the applicant is causing hardship to the young
applicant. Applicant is ready to cooperate in the trial.
5. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence and cites 10 criminal antecedents against the
applicant as mentioned in the case diary.
6. In reply, learned counsel for the applicant submits that the applicant stand
acquitted in two cases registered at Crime No.134/2024 and Crime No.406/24. He was
sentenced to fine in relation to Crime No.145/2024. Three of the matters are pending
for trial. Rest of the matters are still under investigation. The applicant has never been
convicted for any major offence.
7. According to the material available on case diary, Mukesh Rathore
reported to P.S. Lalghati that on 16.04.2025 at around 02:15 in the afternoon, as he
was passing on his Scooty vehicle, in front of the house of Iqbal Khan. Iqbal Khan
called him and abused in filthy language. Iqbal Khan slapped him and gave fist blows.
Afzal Khan and Alfez Khan came there armed with sticks and assaulted him with
intention to kill him. As he bend down to save himself, he sustained injuries on his right
leg. The Wife of Iqbal Khan also came there and slapped him. All the four accused
were threatening to kill him. Afzal Khan and Alfez Khan had damaged his scooty
vehicle. On such allegations, PS Lalghati registered FIR at Crime No.78/2025 for
offence punishable under Sections 109, 115(2) and 324(4), 3(5) of BNS, 2023. The
applicant was arrested on 16.04.2025 and he is in custody ever since. Relevant
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recoveries have been made. The veracity of the prosecution and the role of applicant
will be determined after evidence in the trial. As informed, the applicant is aged 21
years. He is a labourer/driver by profession and is still dependent on his family.
8. Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of substantial criminal past and previous conviction for any
major offence, considering the socio-economic status of the applicant, there appears to
be no likelihood of tampering with evidence or influencing the witnesses by the
applicant. There appears to be no compelling reason to continue incarceration of the
applicant. However, the observations, herein-above, are recorded for present
application only.
9. Considering the rival contentions and overall circumstances of the case, in
the light of aforestated facts, but without commenting on the merits, this Court is
inclined to release the applicant on bail. Thus, the application is allowed.
10. Accordingly, it is directed that applicant-Afzal Khan shall be released on
bail in connection with Crime, as mentioned in first paragraph of this order, upon
furnishing a personal bond in the sum of Rs 25,000/- (Rupees Twenty Five Thousand
only) with one surety of the same amount to the satisfaction of the Trial Court, for
compliance with the following conditions : (For convenience of understanding by
accused and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be
directed by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत
रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar
nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade them/him/her from disclosing such facts to the Court or to the
police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से
लोभन, धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस
NEUTRAL CITATION NO. 2025:MPHC-IND:22006
4 MCRC-26385-2025
अिधकार को कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या
सा य को बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions
of Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita,
2023 regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./
३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त
करे गा ।
11. This order shall be effective till the end of trial. However, in case of breach
of any of the preconditions of bail, the Trial Court may consider, on merit, cancellation
of bail without any impediment of this order.
12. The trial Court shall get these conditions reproduced on the personal bond
by the accused and on surety bond by the surety concerned. If any of them is unable to
write, the scribe shall certify that he/she had explained the conditions to the concerned
accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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