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Madhya Pradesh High Court
Madhusudan Tomar Alias Popat vs The State Of Madhya Pradesh on 2 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:11004
1 MCRC-14048-2026
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. 14048 of 2026
MADHUSUDAN TOMAR ALIAS POPAT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Rinku Rathour - Advocate for the applicant.
Mr. Dinesh Savita - Advocate for respondent/State.
Mr. Prakash Chandra Mahore - Advocate for the respondent [COMP].
ORDER
This is the first bail application 483 of BNSS (439 of Cr.P.C.) filed by
the applicant for grant of bail. He has been arrested by Police Station Gola
Ka Mandir, District Gwalior in connection with Crime No.74 of 2026
registered in relation to the offence punishable under Sections 109(1) of
BNS and Section 25, 27 of Arms Act.
The allegation against the present applicant is that he attempted to
murder injured- Vikas.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the case. He has drawn attention of this Court to the
affidavit made by the injured-Vikas, wherein, it has been mentioned that an
unknown person fired gunshot towards the injured. It is further submitted
that the applicant has been in judicial custody since 05.03.2026 and the trial
NEUTRAL CITATION NO. 2026:MPHC-GWL:11004
2 MCRC-14048-2026
is likely to take a long time to conclude. Investigation is almost complete and
charge-sheet is to be filed soon. He is ready to abide by the terms and
conditions as may be imposed. With the aforesaid submissions, prayer for
grant of bail is made out.
Per contra, learned Public Prosecutor for the State vehemently opposed
the application and prayed for its rejection looking to the nature and gravity
of offence.
Learned counsel for the complainant submits that he has no objection
to the grant of bail to the present applicant.
Considering the overall facts and circumstances of the case coupled
with the facts that the applicant is in custody since 05.03.2026, the trial is not
likely to conclude in near future and prolonged pre-trial detention being an
anathema to the concept of liberty and on the ground of parity also, this
Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case,
this application is allowed and it is directed that the applicant be released on
bail on furnishing a personal bond in the sum 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, subject to compliance of the following conditions by
the applicant:-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
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may be;
3. The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court tor to the Police
Officer, as the case may be;
4. The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned trial Court for necessary
compliance.
Certified copy as per Rules.
(RAJESH KUMAR GUPTA )
JUDGE
(LJ*)
