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Madhya Pradesh High Court
Rahul Sharma vs The State Of Madhya Pradesh on 2 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:11016
1 MCRC-14714-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 2 nd OF APRIL, 2026
MISC. CRIMINAL CASE No. 14714 of 2026
RAHUL SHARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Akhilesh Dubey, Advocate for applicant.
Shri Anurag Sharma, Public Prosecutor for respondent/State
ORDER
This is the first bail application under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS) filed by the applicant for grant of bail.
Applicant was arrested on 25.01.2026 by Police Station Civil Lines,
District Morena, in connection with Crime No. 42/2026, registered for offences
punishable under Sections 309(6), 115(2), 126(2), 3(5) of BNS and Sections 11/13
of the MPDVPK Act.
The allegation against the applicant is that he, along with co-accused
persons, allegedly assaulted the complainant, threatened him with a firearm (katta)
at his temple, and forcibly took Rs. 19 lakh and 4 mobile phones.
Learned counsel for the applicant submits that applicant is innocent and has
been falsely implicated. It is contended that there is no evidence linking him to
the alleged offences. The complainant had not identified the applicant, rather some
passersby, who had allegedly seen the incident had identified him in T.I.P., that
too when their photographs was already appended on the arrest memo, which
makes the identification doubtful. The applicant is in custody since 25.01.2026,
NEUTRAL CITATION NO. 2026:MPHC-GWL:11016
2 MCRC-14714-2026
and the trial is likely to take considerable time for its conclusion. Applicant is
permanent resident of District Guna, and there is no likelihood of their absconding
or tampering with the prosecution evidence. He is ready to abide by all terms and
conditions that may be imposed. Co-accused Ritesh Singh Yadav has already been
enlarged on bail by co-ordinate Bench of this Court in MCRC No.9547/2026 vide
order dated 20.03.2026. Hence, counsel for applicant seeks parity with co-accused
and prays that present applicant also be enlarged on bail.
Learned counsel for the State vehemently opposed the application,
submitting that the allegations are serious and the investigation is ongoing,
warranting custodial custody to ensure proper inquiry.
Considering the overall facts and circumstances of the case, coupled with
the likelihood that the trial will not conclude in the near future and co-accused
Ritesh Singh Yadav has already been enlarged on bail, this Court is inclined to
extend the benefit of bail to the present applicant.
Accordingly, without expressing any opinion on the merits of the case, this
application is allowed, and it is directed that applicant be released on bail on
furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one
solvent surety of the like amount to the satisfaction of the Trial Court/Committal
Court, for his appearance on the dates given by the concerned Court.
This order shall remain operative subject to compliance with the following
conditions by the applicant:
1. The applicant shall comply with all the terms and conditions of the bonds
executed by him.
2. The applicant shall cooperate in the investigation and trial, as the case
may be.
NEUTRAL CITATION NO. 2026:MPHC-GWL:11016
3 MCRC-14714-2026
3. The applicant shall not induce, threaten, or promise any person
acquainted with the facts of the case so as to dissuade them from disclosing such
facts to the Court or the Police Officer.
4. The applicant shall not commit any other offence during the pendency of
the trial; failing which, this bail order shall stand automatically cancelled without
further reference to the Bench.
5. The applicant shall not seek unnecessary adjournments during the trial.
6. The applicant shall not leave India without prior permission from the
Trial Court/Investigating Officer.
E- copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
"R"
