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Madhya Pradesh High Court
Bhupendra @ Kali @ Kariya vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9261
1 MCRC-13608-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 7 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 13608 of 2026
BHUPENDRA @ KALI @ KARIYA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Mohammed Imran Khan, Advocate for the applicants.
Shri Tarun Pagare, Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicants under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in
connection with Crime No.752/2025 registered at P.S. Badnagar, District
Ujjain(M.P.) for offence punishable under Sections 331(4) and 305(a) of
BNS, 2023. Applicants are in judicial custody since 07.01.2026.
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 applicants, in addition to the grounds
mentioned in the application, submits that the applicants are falsely
implicated in the alleged offence merely on suspicion. No offence, as
alleged, is committed by the applicants. No incriminating material, much
less, articles of theft was recovered at the instance of applicants. There is no
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likelihood of tampering with evidence by the applicants. Final report has
been submitted against the applicants, pending the investigation against co-
accused Umesh. Jail incarceration is causing hardship to the applicants and
dependent family members. Applicants are ready to co-operate in trial.
Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. Learned counsel refers to 02
criminal antecedents against applicant-Bhupendra @ Kali @ Kariya
registered at Crime Nos.39/2020 and 249/2025 and 01 criminal antecedent
against applicant - Arvind registered at Crime No.164/2013, as mentioned in
the case diary. The applicant No.1 Bhupendra is aged 26 years and applicant
No.2 Arvind is aged 30 years. They are labourers by profession.
In reply, learned counsel for the applicant submits that applicant
Arvind has been acquitted in Crime No.164/2013. No prosecution is pending
against him. The criminal case related to applicant Bhupendra is pending for
trial. He has never been convicted.
As per accusation on case diary, some unknown offenders broke open
the lock on the door of the house of complainant Shekhar at Badnagar and
cash Rs. 4,00,000/-, silver and gold ornaments were stolen from his house.
The P.S. Badnagar registered FIR for offence punishable under Sections
331(4) and 305(a) of BNS, 2023 against unknown offenders. Applicants
were apprehended on secret information on 07.01.2026. They are in custody
ever since. Cash Rs.1,800/- was recovered from applicant Bhupendra and
cash Rs.2,400/- was recovered from applicant - Arvind. The final report was
submitted against the applicants, pending the investigation against main
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accused Umesh. The veracity of prosecution and complicity of the applicants
in the alleged offence will be determined after evidence in the trial.
As informed, they applicants have the responsibility of dependent
family. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of substantial criminal past and previous
conviction for any offence, considering the socio-economic status of the
applicants, there appears to be no likelihood of recidivism or tampering with
evidence or influencing the witnesses by the applicants. The trial would take
time to conclude. There appears to be no compelling reason to continue
incarceration of the applicants. 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 applicants on bail. Thus, the application
is allowed.
Accordingly, it is directed that applicant No.1 - Bhupendra @ Kali @
Kariya and applicant No.2 -Arvind 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.50,000/- (Rupees Fifty Thousand only) each
with one surety each 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):-
(1) Applicants shall remain present on every date of hearing as may be directed by the concerned
court;
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(1)आवेदकगण संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicants shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं ह गे ।
(3) Applicants 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) आवेदकगण करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक
या वचन नह ं दगे, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से
िनवा रत हो ।
(4) Applicants shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवेदकगण 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 ं करगे ।
(5) During trial, the applicants 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
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगे ।
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 from 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 had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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