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Madhya Pradesh High Court
Kallu Jatav vs The State Of Madhya Pradesh on 10 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:11918
1 MCRC-16209-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 10th OF APRIL, 2026
MISC. CRIMINAL CASE No. 16209 of 2026
KALLU JATAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Saket Naresh Udainiya - Advocate for the applicant.
Mr. Harish Sharma Dy. Govt. Advocate for respondent/State.
Mr. Mayank Bajpai - Advocate for the respondent [COMP].
ORDER
This is 8th bail application 483 of BNSS (439 of Cr.P.C.) filed by the
applicant for grant of bail. He has been arrested by Police Station- Pichhore,
District Gwalior in connection with Crime No.210 of 2024 registered in
relation to the offence punishable under Sections Offence- Section 118(1),
115(2), 296, 351(2), 3(5), 109(2) of BNS.
2. As per prosecution case, the applicant and co-accused persons
assaulted parents of the complainant by lathi, baka and farsa. On the basis of
such allegation, alleged crime was registered.
3. Learned counsel for the applicant submits that the present applicant
is innocent and he has falsely been implicated in the matter. The statement of
injured person/complainant has been recorded, however, they have not
supported the story of prosecution. The allegation of assault the complainant
NEUTRAL CITATION NO. 2026:MPHC-GWL:11918
2 MCRC-16209-2026
by farsa and baka is alleged against the co-accused persons and the only
allegation against the present applicant is of causing injury by means of Iron
Rod. The other co-accused persons who are stated to have assaulted by
means of sharp weapons have already been enlarged on bail. Co-accused
persons namely- Rajkumar Shakya, Ganga Kori, Akash Kori and Suresh Kori
have already been granted benefit of bail. The applicant is in custody since
07.03.2025, and that the trial is likely to take considerable time to conclude.
The applicant undertakes to abide by all conditions that may be imposed by
this Court. With the aforesaid grounds, prayer for grant of bail is made out.
4. Per contra, learned Panel Lawyer for the State as well as counsel for
complainant vehemently opposed the application and prayed for its rejection.
5. Heard learned counsel for the parties and perused the record.
6. Considering all the facts and circumstances of the case, arguments
advanced by both the parties coupled with the fact that the trial is not likely
to conclude in near future and prolonged pre- trial detention being an
anathema to the concept of liberty and on the ground of parity also, this
Court is inclined to extend the benefit of bail to the applicant.
7. Accordingly, without commenting on merits of the case, this bail
application is allowed. It is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
Only) with one solvent surety in the like amount to the satisfaction of the
concerned trial Court for his appearance before it on the dates given by the
concerned Court.
8. This order will remain operative subject to compliance of the
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3 MCRC-16209-2026
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 himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to the Police Officer,
as the case may be;
iv. The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
v. The applicant will not seek unnecessary adjournments during the
trial; and
vi. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
9. Copy of this order be sent to the trial Court concerned for
compliance.
10. Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
(LJ*)
