Madhya Pradesh High Court
Kamalkishore vs The State Of Madhya Pradesh on 6 March, 2025
Author: Anil Verma
Bench: Anil Verma
NEUTRAL CITATION NO. 2025:MPHC-GWL:5057
1 MCRC-10442-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 6 th OF MARCH, 2025
MISC. CRIMINAL CASE No. 10442 of 2025
KAMALKISHORE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Kapil Singhal, Advocate for the applicant.
Shri A.P.S. Tomar, Public Prosecutor for respondent/State.
ORDER
Case diary is available.
2. This first application under Section 438 of Cr.P.C/482 of B.N.S.S.
has been filed for grant of anticipatory bail.
3. Applicant apprehends his arrest in connection with Crime
No.619/2024 registered at Police Station Dehat Bhind, District Bhind for
offence under Sections 109, 115(2), 296 and 3(5) of BNS.
4. It is submitted by learned counsel for applicant that according to
prosecution case, complainant lodged an FIR alleging that he had gone to
cattle shed for feeding his cattle. At that time, Chhedilal, Dharmendra and
Ramavtar came there and on the land dispute, started abusing him and his
family members filthily in the name of mother and sister. When it was
objected by him, then all the three persons started assaulting him by fists and
blows. On hearing his alarm, Motiram, Jairam, Bhagwan Singh, Gaya Prasad
NEUTRAL CITATION NO. 2025:MPHC-GWL:5057
2 MCRC-10442-2025
and Manish came there to intervene in the matter. It is alleged that at that
time, applicant, Lakhan Singh and Umesh @ Ummed came there alongwith
Lathi in their hands and were challenging that they will not spare the
complainant. It is alleged that Umesh @ Ummed gave a Danda blow on the
head of Bhagwan Singh, applicant Kamal gave a Danda blow to Gaya Prasad
and gave another blow to Motiram. Dharmendra and Ramavtar caught hold
of Jairam and Lakhan gave a Danda blow on his head and that time,
Chhedilal went to his house and came back alongwith his 12 bore double
barrel gun and fired a gunshot, causing injury on the calf of his left leg, thigh
of right leg of his friend Manish and near left eye of his sister Arti.
5. Learned counsel for the applicant further contended that the
applicant is innocent and he has been falsely implicated in the matter. Co-
accused Umesh @ Ummed has already been enlarged on anticipatory bail
vide order dated 07.02.2025 passed by this Court in M.Cr.C. No.4860/2025
in similar circumstances. Hence, he prays for bail to the applicant on the
ground of parity.
6. Per contra, the application is vehemently opposed by learned
counsel for the State.
7. Heard learned counsel for the parties.
8. Considering the totality of facts and circumstances of the case,
coupled with the fact that co-accused Umesh @ Ummed has already been
enlarged on anticipatory bail, this Court is of the considered opinion that it is
a fit case for grant of anticipatory bail.
9. Accordingly, without commenting anything on the merits of the
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3 MCRC-10442-2025
case, it is directed that if applicant appears before SHO of the concerning
Police Station on or before 12.03.2025 and furnishes a personal bond in the
sum of Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the
like amount to the satisfaction of the SHO concerned, then he shall be
released on anticipatory bail.
10. It is made clear that if the applicant does not appear before the
SHO of the concerning Police Station on or before 12.03.2025 then this
order of anticipatory bail shall automatically stand cancelled.
11. In the light of the judgment passed by the Supreme Court in the
case of XYZ and Others Vs. State of Madhya Pradesh and Another reported
in (2021) 16 SCC 179, intimation regarding grant of bail be sent to the
complainant.
12. Accordingly, application is allowed.
(ANIL VERMA)
JUDGE
Abhi
