Madhya Pradesh High Court
Neeraj vs The State Of Madhya Pradesh on 12 September, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:26353
1 MCRC-33109-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 12th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 33109 of 2025
NEERAJ
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rishiraj Trivedi - Advocate for the applicant.
Shri Santosh Singh Thakur - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.384/2025,
registered at Police Station - Chimanganj Mandi, District Ujjain(M.P.) for
offence punishable under Sections 308(5), 296, 115(2), 351(3), 3(5) and
324(4) of BNS, 2023. The applicant is in custody since 05.06.2025.
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 Applicant was not named in the
FIR. He had lodged FIR against the relatives of the complainant. Thereafter,
he was falsely implicated in the alleged offence. No Test Identification
Parade verifying the identity and complicity of the applicant was conducted
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2 MCRC-33109-2025
during investigation. Final report has been submitted on completion of
investigation. There is no likelihood of tampering with the evidence by the
applicant. Jail incarceration is causing hardship to the young applicant and
his family. Applicant is ready to cooperate in further trial.
Per contra, learned counsel for the State ably assisted by learned
counsel for the objector opposes the application on the ground of gravity of
alleged offence. Learned counsel refers to 02 criminal antecedents of the
applicant, as mentioned in the case diary.
In reply, learned counsel for the applicant submits that in the matter
relating to Section 376 of IPC, applicant stands acquitted vide judgment
dated 18.08.2023 passed in SC. No. 13/2023 and the other matter is pending
for trial. Applicant has never been convicted for any major offence.
According to the material available on case diary, Rachna wife of
Rajkumar reported to P.S. Chimanganj Mandi on 24.05.2025 around 10:00 in
the night that Akash, Arjun, and Vijay came to her house and abused her
husband in filthy language. Akash assaulted her with sword but she moved
away. Meanwhile, Vikas and two other assailants came there. Mangal,
Anand and Manju tried to intervene. Accused slapped Manju and Anand and
pelted stones at them. Mangal and Anand sustained injuries. Vikas Yadav and
Vidhya Bai tried to rescue them. The assailants damaged Toofan vehicle and
motorcycles. The accused threatened to kill them. On such allegations, P.S.
Chimanganj Mandi registered FIR for offence punishable u/Ss 308(5), 296,
115(2), 351(3), 3(5) and 324(4) of BNS, 2023 against Akash, Arjun, Vijay,
Vikas and their associates. Later, applicant was implicated on the basis of
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3 MCRC-33109-2025
information given by other accused in police custody. The veracity of
prosecution and complicity of applicant in the present offence will be
determined after evidence in the trial.
As informed, the applicant is aged 21 years. He is a labourer by
profession and still survives on ocassional labour work. 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 remaining evidence or
influencing the witnesses by the applicant. There appears to be no
compelling reason to continue incarceration of the young 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- Neeraj 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 Hindi as under):-
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4 MCRC-33109-2025
(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
sh
