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Madhya Pradesh High Court
Anand Singh Thakur vs The State Of Madhya Pradesh on 7 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:26983
1 MCRC-15292-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 7 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 15292 of 2026
ANAND SINGH THAKUR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arihant Tiwari - Advocate for the applicant.
Shri A.S. Baghel - Govt. Advocate for respondent/State .
ORDER
This is 4th bail application filed by the applicant under Section 483 of
the Bhartiya Nagrik Suraksha Sanhita, 2023/ 439 of Cr.P.C. for grant of
regular bail relating to FIR/Crime No.568/2024 registered at Police Station -
Katnagi, Tehsil - Patan, District Jabalpur for offence punishable under
Sections 103 (1) and 238(A) of the BNS, 2023. The applicant is in custody
since 11.10.2024. His earlier bail applications were dismissed as withdrawn.
2 . The counsel for the applicant submits that this is fourth bail
application and no change in circumstances in this case. He further
submitted that all the witnesses have already been examined. All material
witnesses, who have allegedly seen the incident are last scene together.
Present applicant has already been examined. He has also pointed out to the
statement of all these witnesses namely Daulat Singh father of Pooran Singh
recorded on 12.10.2024 and present applicant is arrested on 11.10.2024,
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therefore, it also created suspicion about the story of the prosecution. It is
also submitted that the applicant is aged about 19 years old and he was good
friend of the deceased, therefore, he was also in constant contact of the
deceased due to friendship and therefore, any call details, which are sought
to be relied by prosecution also not required to be accepted in absence of any
transcript about the such time also. It is submitted that applicant is in custody
since 11.10.2024 and trial will take some more time to conclude. Some of
the witnessed are required to be examined. It is further submitted that there
is no criminal antecedents of the applicant, therefore, the bail application of
the present applicant may be considered and he may be released on bail.
3. Counsel for the State has strongly opposed the prayer made in the
application and submitted that there is sufficient material available against
the present applicant by way of call details as well as statement of the
witnesses, who is father as well as eye witnesses, who has seen applicant
with the deceased and prior to the incident has taken place. He also
submitted that there is recovery of weapon from the possession of the present
applicant and also submitted that there is call details which indicate that
applicant is in contact with the deceased even on the date of incident. He has
also submitted that even FSL report also supported the evidence. He has also
submitted that earlier application is decided on merits and therefore, he prays
that the present application be dismissed.
4. Counsel for the petitioner is rebutted to this submission by
submitting that the trial will take some time and looking to the age of the
applicant, his case may be considered and also submitted that even in FSL
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report, there is no conclusive opinion given by the FSL that the blood group
of the deceased is found on the weapon which was allegedly recovered.
5. Heard the submissions made at the bar and perused the case diary.
6. Considering the submissions made at the Bar and considering the
recovery, considering the important witnesses who are examined and present
applicant is 19 years old young boy, he is in custody since 18 months and
having no criminal antecedents and his case is based on the various
circumstances which are required yet to be established by prosecution during
the course of trial as indicated by Hon'ble Apex Court in the judgement of
Sharad Birdhi Chand Sarda vs State of Maharashtra, reported in 1984 (4)
SCC 116, by establishing whole parameters, some strict condition should be
imposed. Therefore, without expressing any view on the merits of the case, I
deem it a fit case to release the applicant on bail by imposing strict
conditions. Accordingly, the application is allowed.
7. It is directed that the applicant shall be released on bail on furnishing a
personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
one surety in the like amount to the satisfaction of the trial Court concerned
for his appearance before the said Court on all such dates as may be fixed in
this regard during the pendency of trial. In addition to this, (1) He will not
act in any manner which influence the proceedings of trial or influence any
of the witnesses; (2) He will not indulge in any criminal activity by musing
the liberty granted by this order; (3) He shall remain present at the time of
trial without any default; (4) He shall also mark his presence in alternate
Monday of each month before the concerned Police Station till the trial gets
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over; (5) He shall make himself available as and when required in trial (6)
He shall provide his current address and his functional mobile number to the
concerned police station and concerned trial court (7) He shall abide by the
conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
8. It is made clear that if any of the above conditions are violated, it is
open for the prosecution to pray for cancellation of bail and this order shall
stand automatically cancelled and police and trial Court shall be at liberty to
commit him in jail.
9. This order shall be effective till the end of the trial. However, in case of
bail jump and breach of any of the conditions of bail, it shall become
ineffective.
Certified copy as per rules.
(SANDEEP N. BHATT)
JUDGE
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