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Madhya Pradesh High Court
Harsh Tomar vs The State Of Madhya Pradesh on 2 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10971
1 MCRC-12810-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 2nd OF APRIL, 2026
MISC. CRIMINAL CASE No. 12810 of 2026
HARSH TOMAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Awdhesh Singh Bhadauria, through VC, with Shri Aditya
Pratap Singh - Advocate for the applicant.
Shri Anurag Sharma - PP for the State.
Shri Ayush Kulshrestha- Advocate for the complainant.
WITH
MISC. CRIMINAL CASE No. 12809 of 2026
ANIL ALIAS KARU TOMAR
Versus
THE STATE OF MADHYA PRADESH
Appearance
Shri Awdhesh Singh Bhadauria, through VC, with
Shri Aditya Pratap Singh - Advocate for the applicant.
Shri Anurag Sharma - PP for the State.
Shri Ayush Kulshrestha- Advocate for the complainant.
ORDER
These are the seconds applications filed on behalf of the applicants
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under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 /
Section 438 of the Code of Criminal Procedure for grant of anticipatory
bail to the applicant, who is apprehending his arrest in relation to
FIR/Crime No. 110/2025 registered at Police Station Mahua, District
Morena, for the offence punishable under Sections 108, 3(5) of BNS.
2. According to the prosecution story, Jyoti, daughter of Puran
Singh Kushwaha, a resident of the applicant's village, was married to
Indrajeet Kushwaha in village Bijlipura about three years ago. The
present applicant/accused-Harsh used to talk to Jyoti, due to which
Jyoti's first marriage broke, but the Harsh did not stop doing so. Then
Jyoti's parents gave Jyoti away to Akash of village Naoli without
marriage. On 06.06.2025, Akash came to his village with Jyoti, but in
Porsa itself, the accused/present applicant-Harsh Tomar abducted his
daughter Jyoti. When this matter was complained to the accused's father,
the accused's father said that his son would do the same and his image in
the society was tarnished due to the girl's departure. Then the accused's
father said that if you want to die, then die. Due to remorse over this,
Puran Singh committed suicide by hanging himself.
3. It is contended by learned counsel for the applicants that the
applicants are innocent and have been falsely implicated in this case. The
applicants have not committed any crime. Any act of the present
applicants, does not come under the definition of abetment to suicide
under Section 107 of the IPC. Therefore, no case is made out against the
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present applicant. The applicants are having no criminal antecedents.
Any act of the applicant does not come under the offence punishable
under Section 108 of the BNS also. Custodial interrogation is not
required. The main reason of the suicide of the deceased may be the
inter-caste marriage of his daughter, but the applicants are nowhere
involved in the aforesaid marriage. Even the act of inter-caste marriage
must be appreciated. The applicants are permanent resident of District
Morena (M.P.) and there is no chance of their absconsion or tampering
with the prosecution evidence. No recovery has to be made from the
applicants. The applicants undertake to cooperate in the investigation as
and when required. Hence, it is prayed that the applicants may be
released on anticipatory bail.
4. Per contra, learned counsel for the State opposed the prayer and
prayed for its rejection by submitting that the investigation is pending.
The applicant instigated the deceased to commit suicide. The wife of the
deceased also stated that the present applicant was misleading her
daughter by way of trapping her in extramarital affairs.
5. Learned counsel for the respondent/complainant tendered no
objection to the bail granted to the applicants. He has also filed an
affidavit in this regard.
6. Heard counsel for the parties and perused the case diary.
7. Considering the overall facts and circumstances of the case, the
nature of allegations and the injuries sustained by the injured and on the
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ground of parity also, without commenting on the merits of the case, this
Court is of the view that the applicant deserves the benefit of
anticipatory bail.
8. Accordingly, it is hereby directed that in the event of arrest, the
applicant shall 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 Arresting
Authority/Investigating Officer.
9. This order will remain operative subject to compliance of the
following conditions by the applicant:-
(i) The applicant will comply with all the terms and conditions of
the bond executed by him;
(ii) The applicant will cooperate in the investigation/ trial, as the
case may be;
(iii) The applicant will not indulge herself in extending
inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade them from disclosing such facts to the Court or
to the Police Officer, as the case may be;
(iv) The applicant shall not commit any offence during the period
of bail;
(v) The applicant will not seek unnecessary adjournments during
the trial;
(vi) The applicant will not leave India without previous permission
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of the trial Court/Investigating Officer, as the case may be.
10. Application stands allowed and disposed of.
11. Copy of this order be sent to the trial Court/Police Station
concerned for compliance.
12. Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
Vishal
