[Cites 3, Cited by 0]
Madhya Pradesh High Court
Manish vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9168
1 MCRC-12836-2026
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. 12836 of 2026
MANISH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Pramod Choubey - Advocate for the petitioner [P-1].
Shri Rahul Solanki - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.48/2026
registered at Police Station - Jiwajiganj, District - Ujjain (M.P.) for offence
punishable under Sections 14 of M.P. Rajya Suraksha Adhiniyam 1990.
Applicant is in judicial custody since 03.03.2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant in addition to the grounds
mentioned in the application submits that the applicant is falsely implicated
in the alleged offence. He had informed the police regarding demise of his
brother in law. Final report has been filed on completion of investigation.
The offence is triable by JMFC. There is no likelihood of tampering with
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evidence by the applicant for the reason that he has been externed from the
jurisdictional limits of District Ujjain. Jail incarceration is causing hardship
to the applicant and his dependent family. Applicant is ready to cooperate in
trial.
5. Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence and cites criminal history of 23
cases.
6. In reply, learned counsel for the applicant submits that applicant
stands acquitted in 20 cases and only 2 matters are pending against him.
Applicant was sentenced for offence under Section 324 of IPC in Crime
No.342/2014, wherein the appeal is pending.
7. According to the material available on case diary, applicant was
apprehended for violating the externment order dated 19.09.2025 passed by the
District Magistrate, Ujjain. Police Station, Jiwajiganj registered crime for offence
under Section 14 of the M.P. Rajya Suraksha Adhiniyam 1990. Final report
has been submitted on completion of investigation. The applicant was arrested
on 03.03.2026. He is in custody ever since. The offence is triable by JMFC. The
trial would take time to conclude. The veracity of the prosecution will be
determined after evidence in the trial.
8. As informed, the applicant is aged 38 years and is Agriculturist
by profession. He has aged parents to look after. Considering these aspects,
there appears to be no possibility of fleeing from justice. Considering the
socio-economic status of the applicant, there appears to be no likelihood of
tampering with evidence or influencing the witnesses by the applicant. There
appears to be no compelling reason to continue incarceration of the
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applicant. However, the observations, herein-above, are recorded for present
application only.
9. 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 applicant on bail. Thus, the application is
allowed.
10. Accordingly, it is directed that applicant- Manish 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. 75,000/-
(Rupees Seventy Five Thousand only) with one surety 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 asunder):-
(1) Applicant shall remain present on every date of hearing as may be directed
by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence ;
(2) आवेदक केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant 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) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन,
धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को
कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) आवदे क 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 ं करे गा ।
(5) During trial, the applicant 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
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करे गा।
(6) He shall comply with the Removal/ Externment Order dated 19.09.2025 passed by the
District Magistrate, Ujjain, immediately on his release on bail and shall not enter into the
local limit of the jurisdictional districts as mentioned in the externment order.
11. 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 of this order.
12. 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
sumathi
