Madhya Pradesh High Court
Sunil vs The State Of Madhya Pradesh on 19 November, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:33578
1 MCRC-48320-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 19th OF NOVEMBER, 2025
MISC. CRIMINAL CASE No. 48320 of 2025
SUNIL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Akhil Godha - Advocate for the applicant.
Shri Romil Verma - Govt. Advocate the respondent/State.
ORDER
This first bail application has been filed by applicant under Section
439 of Cr.P.C./ 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of
regular bail in connection with Crime No. 122/2025 registered at Police
Station- Sundarsi District- Shajapur (M.P.) for offence punishable under
Sections 108 and 3(5) of the BNS, 2023. Applicant is in judicial custody
since 15.09.2025.
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. No offence, as alleged, is committed by the applicant.
Learned counsel referring to judgment of Hon'ble Supreme Court in the case of
NEUTRAL CITATION NO. 2025:MPHC-IND:33578
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Sanju @ Sanjay Singh Sengar Vs. State of M.P. reported in AIR 2002
SC 199; Amalendu Pal @ Jhantu Vs. State of West Bengal, reported in
(2010) 1 SCC 707,Arnab Manoranjan Goswami Vs. State of Maharashtra
and Others reported in 2020(SCC Online) SC 964 and Abhinav Mohan
Delkar Vs. State of Maharashtra reported in 2025 INSC 990, contends that
there is no proximity between earlier alleged incident and death of Jagdish alias
Gyan Singh. Learned counsel referred to the statement of deceased Jagdish alias
Gyan Singh at Care CHL Hospital, Indore recorded on 21.08.2025, just before his
death by Head Constable of P.S. MIG Indore to contend that deceased had stated
that when he was called by the police station, he feared that he may be involved in
any offence. Therefore, he has consumed Celphos. Jagdish alias Gyan Singh did
not allege any misdeed against the applicant. All the co-accused have been
extended benefit of bail by the trial Court. The final report has been
submitted. There is no likelihood of tampering with remaining evidence by the
applicant for the reason that he is not capable to influence the prosecution
witnesses. Jail incarceration is causing hardship to the applicant and the
dependent family. Applicant is ready to cooperate in the trial.
Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. Learned counsel referred to 01
criminal antecedent against the applicant, as mentioned in the case diary.
In reply, learned counsel for the applicant submits that the matter at
Crime No. 270/2025 is pending for trial wherein applicant has been extended
benefit of bail. Applicant has never been convicted for any offence.
According to the material available on case diary, Santosh, Kamal
and Vishnu abducted Jagdish alias Gyan Singh on 07.08.2025 and took him
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to Village Lasudia Brahman, where Sunil S/o Shivlal(applicant) slapped
Jagdish alias Gyan Singh. Sanju and Child in conflict with law cut his
moustache and hairs. All the accused manhandled Jagdish alias Gyan Singh
and snatched his money, wallet and mobile phone. Jagdish alias Gyan Singh
reported the incident to the P.S. Pipalrao. Somebody recorded a video of the
incident and made it viral. Jagdish alias Gyan Singh was distressed and
dismayed due to the incident and viral video of the incident. Jagdish
consumed insecticide - celphos in the night of 20.08.2025. He was admitted
for treatment initially at Shajapur City Hospital and later at Care CHL
Hospital, Indore. Jagdish alias Gyan Singh succumbed to death in the
morning of 21.08.2025. The P.S. Sundarsi, Distt. Shajapur registered
Unnatural Death Intimation 09/2025. The statements of witnesses were
recorded. The P.S. Sundarsi registered FIR for offence punishable u/S 108
and 3(5) of BNS, 2023 against Vishnu, Kamal, Sanju and Sunil(applicant).
The material on case diary reveals that the incident of manhandling and
insulting Jagdish happened on 07.08.2025. The matter was reported and the
applicant and other accused were arrested on 12.08.2025. Thereafter, a video
of incident surfaced. There is no allegation that the applicant had made the
video viral. Further, the statements of Jagdish a lias Gyan Singh in close
proximity of his death does not implicate the applicant. The veracity of
prosecution and complicity of the applicant in the alleged offence will be
determined after evidence in the trial.
As informed, the applicant is aged around 25 years. He is an
agriculturist by profession and has the responsibility of dependent family.
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4 MCRC-48320-2025
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any 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.
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- Sunil 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.50,000/-(Rupees
Fifty 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) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA
(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) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku]
/kedh ;k opu ugha nsxh ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks
izdV djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or
allure, pressurize or threaten the witness;
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5 MCRC-48320-2025
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa
dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA
(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) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds
izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA
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 from 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
sh
