[Cites 1, Cited by 0]
Madhya Pradesh High Court
Kalu @ Shambhu vs The State Of Madhya Pradesh on 15 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:10044
1 MCRC-10943-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 15th OF APRIL, 2026
MISC. CRIMINAL CASE No. 10943 of 2026
KALU @ SHAMBHU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ritu Raj Bhatnagar, Advocate for the applicant.
Shri Sunit Kapoor, Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by applicants under Section 483
of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No.659/2025 registered at Police Station-Alot,
District Ratlam(M.P.) for offence punishable under Sections 109, 132 and
3(5) of the BNS, 2023. Applicant is in judicial custody since 04.02.2026.
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 applicant in addition to the grounds
mentioned in the application submits that the applicants are falsely
implicated in the alleged offence. No offence, as alleged, is committed by the
present applicant. The final report has been submitted on completion of
NEUTRAL CITATION NO. 2026:MPHC-IND:10044
2 MCRC-10943-2026
investigation. There is no likelihood of tampering with evidence by the
applicant. The trial would take time to conclude. Jail incarceration is causing
hardship to the applicant and the family. Applicant is ready to cooperate in
further investigation and the trial.
Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. Learned counsel further refers to 02
criminal antecedents against the applicant, as mentioned in the case diary.
Applicant is aged around 32 years and is labourer by profession.
In reply, learned counsel for the applicant submits that other matters
are pending for trial. Applicant has never been convicted for any offence.
As per the accusation on case diary, applicant and co-accused were
planning a dacoity. Meanwhile, police force reached on the spot. The
assailants fired gun shot. Thereafter, all accused fled away. Lakhan was
arrested on secret information. Lakhan informed that applicant - Kalu @
Shambhu was his associate. Applicant was arrested on 04/02/2026 and he is
in custody ever since. One country made gun Katta was recovered at the
instance of applicant. One empty cartridge was recovered from the spot of
incident. The Ballistic Expert report reveals that the empty cartridge found on
the spot of incident was not fired from the gun seized at the instance of the
applicant. Final report has been submitted on completion of investigation.
The contentions advanced by the applicant have prima-facie merit and
cannot be dismissed as manifestly baseless. The veracity of the prosecution
and complicity of the applicant in the alleged offence will be considered after
NEUTRAL CITATION NO. 2026:MPHC-IND:10044
3 MCRC-10943-2026
evidence in trial.
As informed, the applicant has family responsibilities. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any substantial criminal past and previous conviction for any
major offence against the applicant, considering the socio-economic status of
the applicant, there appears to be no likelihood of recidivism or tampering
with evidence or influencing the 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.
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.
Accordingly, it is directed that applicant- applicant - Kalu @
Shambhu 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) आवेदकगण संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत
रहगा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
NEUTRAL CITATION NO. 2026:MPHC-IND:10044
4 MCRC-10943-2026
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं ह गा ।
(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) आवेदकगण 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 ह ।
(4) Applicant 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 ं 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 आवेदकगण धारा ३०९ दं .
.सं./ ३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त
करे गा।
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/she had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
pn
