Madhya Pradesh High Court
Santosh vs The State Of Madhya Pradesh on 28 August, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:23917
1 MCRC-38115-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 28 th OF AUGUST, 2025
MISC. CRIMINAL CASE No. 38115 of 2025
SANTOSH S/O BAPU SINGH DEPAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Omprakash Solanki, Advocate for the applicant.
Shri Santosh Singh Thakur, Govt. Advocate for the respondent/State.
ORDER
This second application has been filed by the applicant under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No.320/2024, registered at
Police Station - Bhairavgarh(as per final report/arrest memo), District Ujjain(M.P.)
for offence punishable under Sections 103(1), 109, 3(5) and 115(2) of BNS and
under Section 25/27 of the Arms Act. The applicant is in judicial custody since
04.12.2024.
The first bail application of the applicant was dismissed on merit vide order
dated 22.07.2025, passed in M.Cr.C. No.24867 of 2025. Thereafter, injured/eye-
witnesses Kamal(PW1) and Omprakash(PW2) have been examined.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case diary and
the relevant material on record.
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 merely on suspicion and the statement of co-accused in police custody.
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The eye-witness did not identify the applicant in Test Identification Parade
conducted during the investigation or in their evidence before the trial Court. He
has not committed the alleged offence. No incriminating material to connect the
applicant with the alleged offence was seized during investigation. The fate of
prosecution is apparent. There is no substantive evidence available on record.
There is no likelihood of tampering with the remaining evidence by the applicant
for the reason that the material prosecution witnesses have been examined. The
trial would take time to conclude. Jail incarceration is causing hardship to the
applicant and the dependent family. Applicant is ready to cooperate in trial.
Per Contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel for the State refers to two
criminal antecedents against the applicant registered vide Crime No.69/2013 and
Crime No.528/2016 registered at P.S. Bhairavgarh, Ujjain(M.P.) as mentioned in
the case diary.
In reply, learned counsel for the applicant submits that the applicant stand
acquitted in Crime No.69/2013 vide judgment dated 31.07.2018, passed in RCT
No.2662/2013 by the learned JMFC, Ujjain(M.P.). The other matter is pending
for trial. The applicant has never been convicted in any offence.
According to the material available on case diary, on 01.12.2024, police got
information that unknown body is lying in an agricultural land of Shobhram
Depam. Thereafter, dead body was identified as deceased Dashrath Mongiya by
his brother Lakhan. Unnatural death intimation was registered and statements of
Kamal and Omprakash were recorded on 29.12.2024. It was revealed that
Omprakash alongwith the deceased went to Kartik Mela in Ujjain on motorcycle
and when they were returning from the Mela, they stopped for answering nature
call near village Sodhang. Omprakash was standing on the road. An unknown
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person from the group of Gadariya came near them and started shouting Chor
Chor and picked up altercation with them. Thereafter, he made a call to someone
and two persons came on the spot. The co-accused Suresh caused injury to Kamal
on his head and applicant Santosh with his country made pistol fired two rounds
on Dashrath(the deceased). Kamal(PW1) and Omprakash(PW2) exonerate the
applicant in their evidence before the trial Court. The veracity of prosecution will
be determined after evidence in the trial.
As informed, the applicant is aged 35 years. He is an agriculturist by
profession and has responsibility of dependent family. 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 the remaining 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.
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.
Accordingly, it is directed that applicant-Santosh Depan 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.75,000/-(Rupees Seventy
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
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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 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 ।
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.
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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