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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-9450-2026
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. 9450 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.607/2024 registered at Police Station-Alot, District Ratlam(M.P.)
for offence punishable under Sections 191(2), 191(3), 190, 109, 310(4) and
310(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 investigation. There is no likelihood
of tampering with evidence by the applicant. The trial would take time to
NEUTRAL CITATION NO. 2026:MPHC-IND:10044
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conclude. Jail incarceration is causing hardship to the applicant and the family.
Co-accused Badrilal has been granted benefit of bail vide order dated 05.03.2025,
passed in M.Cr.C. No.8985/2025. 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, Nepalsingh, Dashrath Singh,
Tofansingh, Meherbansingh, Prahladsingh, Laxmansingh, Mahendrasingh and
Shyam Makwana were returning from Goshala at village Bhojakhedi, they found
8-10 persons standing near the road. When they confronted those persons, one of
them fired gun shot at them and others pelted stone. Nepalsingh sustained injury
on left ankle by stone. Thereafter, the assailants fled away. They found one
motorcycle bearing registration no.MP.70.ME.6320 on spot. On such allegation,
P.S. Alote, Distt. Ratlam registered FIR for offence punishable under Sections
191(2), 191(3), 190, 109 and 310(4(5) of BNS against unknown offenders. Kamal
was apprehended on the spot. He informed that Kalu @ Shambhu(applicant) was
also his associate. Accordingly, applicant was arrested on 04.02.2026. He is in
custody ever since. One country made gun Katta was recovered at the instance of
applicant. Final report has been submitted on completion of investigation. The
contentions advanced by the applicant have prima-facie merit and cannot be
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dismissed as manifestly baseless. The veracity of the prosecution and complicity
of the applicant in the alleged offence will be considered after 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
रहे गा ।
(2) Applicant 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 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
NEUTRAL CITATION NO. 2026:MPHC-IND:10044
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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
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