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Madhya Pradesh High Court
Hussain Kha vs The State Of Madhya Pradesh on 2 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3358
1 MCRC-2478-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 2478 of 2026
HUSSAIN KHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Umesh Sharma, Advocate for the applicant.
Shri Gaurav Rawat, Govt. Advocate for the respondent/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.207 of 2025,
registered at Police Station - Bercha, District Shajapur(M.P.) for offence
punishable under Section 115(2), 296, 351(3), 3(5), 117(2) and 109(1) of the BNS
2023. Applicant is in judicial custody since 27.11.2025.
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. Minor altercation over digging of the water channel aggravated into
physical scuffle between the parties. There was no intention to cause any grievous
hurt on the part of the applicant. The final report has been submitted on
completion of investigation. The trial would take time to conclude. There is no
likelihood of tampering with evidence by the applicant. Jail incarceration is
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causing hardship to the applicant. Co-accused Akil has been granted bail vide
order dated 22.12.2025, passed in M.Cr.C. No.58825/2025. 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. However, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicant. The
applicant is aged around 60 years. He is an agriculturist by profession.
6. As per the accusation on case dairy, Shakir Kha reported to P.S. Bercha
that on 06.09.2025, around 8.30 p.m. Kalu Kha and Ansar Kha were digging
channel for water from the Government tubewell. Hussain Kha(applicant), Firoz
Kha and Akil abused them in filthy language. Hussain Kha assaulted Kalu Kha
with wooden stick on his head and hand. Sonu assaulted Ansar with wooden stick.
Tayab and Arshad intervened. Akil assaulted them with wooden stick. Alfez
assaulted Ashraf Kha with wooden stick. Shahrukh assaulted Irshad with wooden
stick. Yunus rescued them. Accused threatened to kill them. On such allegations,
P.S. Bercha registered FIR for offence punishable under Sections 115(2),
296,351(3) and 3(5) of the BNS against Hussain(applicant), Firoz, Akil, Alfez and
Shahrukh. On the basis of medical opinion, prosecution for offence punishable
under Sections 117(2) and 109(1) of BNS, 2023 was added. The applicant was
arrested on 27.11.2025. He is in custody ever since. Relevant seizures were made.
The final report has been submitted on completion of investigation. The case diary
reveals that no significant abnormality was seen in X-ray examination of Kalu
Kha. The opinion was reserved for consultation with Orthopedic surgeon. The
Medical Officer opined that the injury caused on head of Kalu Kha would have
been life threatening due to excessive blood loss. However, no CT Scan or X-ray
report is available in the case diary to show gravity of the injury. The contentions
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advanced by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The trial is under way. Co-accused Akil has been granted bail
vide order dated 22.12.2025 passed in M.Cr.C. No.58825/2025. The veracity of
prosecution, intention and complicity of the applicants will be determined after
evidence in the trial.
7. As informed, the applicant has family responsibility. Considering these
aspects, there appears to be no possibility of fleeing from justice. In absence of
any criminal past, 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 applicant. However, the observations, herein-above, are
recorded for present application only.
8. 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.
9. Accordingly, it is directed that applicant-Hussain Kha 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 separate 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) Applicants 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) Applicants 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;
NEUTRAL CITATION NO. 2026:MPHC-IND:3358
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(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) Applicants 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 applicants 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।
10. 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.
11. 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
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