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Madhya Pradesh High Court
Shoeb Akhtar vs The State Of Madhya Pradesh on 8 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9414
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 8 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 14486 of 2026
SHOEB AKHTAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Tiwari advocate for the applicant.
Shri Rahul Solanki public prosecutor for State.
ORDER
1. This first application has been filed by the applicant under Section 483 of
BNSS, 2023 for grant of bail in connection with Crime No. 146/2025, registered at
Police Station -Kharakunva District Ujjain (M.P.) for offence punishable under
Section 109, 118(1), 119(1), 3(5) of the BNS. Applicant is in judicial custody
since 07.10.2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application 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. It is a case of false over implication. Initially, the injured had stated that
one person (Shahrukh) had assaulted him with knife, but later, the applicant is
implicated on the basis of information given by Shahrukh in police custody. No
offence, as alleged, is committed by the applicant. The injured Kamal (PW-1) has
been examined before the trial Court. He did not identify the applicant or stated
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about his complicity in the alleged offence in his evidence before the trial Court.
The fate of prosecution against applicant is apparent. The final report has been
submitted on completion of investigation. There is no likelihood of tampering
with remaining evidence by the applicant. Jail incarceration is causing hardship to
the applicant and his family members. Applicant is ready to cooperate in the
trial.
5. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel refers to 13 criminal
antecedents against the applicant. Applicant is aged around 22 years and is fruit
vendor by profession.
6. In reply, learned counsel for the applicant submits that applicant was
acquitted in relation to crime Nos. 343/2016, 222/2018, 49/2019, 80/2020,
645/2020 and 718/2021 vide orders dated 13.1.2025, 1.10.2018, 31.3.2026,
09.09.2025, 31.3.2024 and 2.02.2023. Other matters are pending for trial. The
applicant has never been convicted for any major offence.
7. According to the accusation on case diary, Shahrukh assaulted Kamal with
knife on his neck. Kamal sustained serious injury. He was admitted to Charak
Bhawan Hospital, Ujjain. The Police Station Kharakunwa registered FIR for
offence punishable under Section 109 of the BNS, 2023 on information of Sunita
Bai wife of Kamal. Later, Kamal in his statement recorded on 05.05.2025 alleged
that Shahrukh @ Bachha, Imran Tedi, Ansar @ Billi and Shoeb were demanding
money for consuming liquor. He declined to pay them. Shahrukh assaulted him
with knife. Other accused were also seen running from the spot of incident. On
such allegations, prosecution for offence punishable under Sections118(1), 119(1)
and 3(5) of BNS was added. The applicant Shoeb was apprehended on 07.10.2025.
He is in custody ever since. The material prosecution witness injured Kamal (PW-
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1) has been examined before the trial Court. The trial would take time to conclude.
The contentions advanced by the applicant have prima facie merit and cannot be
dismissed as manifestly baseless. The veracity of prosecution and complicity of
the applicant will be determined after evidence in the trial.
8. As informed, the applicant has the family responsibility. There appears to
be no possibility of fleeing from justice. In absence of any substantial criminal
past and previous conviction for any major offence, considering the socio-
economic status of the applicant, there appears to be no likelihood of recidivism or
tampering with evidence or influencing the remaining witnesses by the applicant.
There appears to be no compelling reason to continue incarceration of the
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, however, on stringent conditions in view
of his criminal antecedents. Thus, the application is allowed.
10. Accordingly, it is directed that applicant-Shoeb Akhtar 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) 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 as under):-
(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 of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or
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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 नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
(6) The applicant shall mark his presence before the SHO, P.S.- Kharakunwa District Ujjain
(M.P.) on first Saturday of every month till conclusion of trial. A copy of this order be forwarded
to the concerned SHO for compliance with the case diary.
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 from 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/she had explained the conditions to
the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
