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Madhya Pradesh High Court
Kalabai vs The State Of Madhya Pradesh on 3 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3519
1 MCRC-2407-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 3 rd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 2407 of 2026
KALABAI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Deepak Kumar Rawal advocate for the applicant.
Shri Gajendra Singh Dodia public prosecutor for State.
ORDER
1. This first application has been filed by applicant under Section 483 of
Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 162 of 2025 registered at Police Station-
Mahidpur Road, Ujjain District Ujjain (M.P.) for offence punishable under
Sections 115(2), 296(a), 3(5), 351(3), 109(1) of the BNS, 2023. Applicant is
in judicial custody since 19.12.2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary 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. She has not committed the alleged offence. Minor
altercation between the close relatives aggravated into physical scuffle. There
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was no intention to cause death of nephew Amritlal on part of Kalabai.
Although, injured Amritlal was admitted for treatment but he was discharged
after 10 days. No fracture was caused, no internal organ was affected by the
alleged injury. The medical opinion merely states that the injury would have
been dangerous to life, if he was not treated on time. The final report has
been submitted on completion of investigation. Applicant has clean past,
with family roots. There is no history of evading process of law. There is no
likelihood of tampering with evidence by the applicant for the reason that she
is homemaker by profession and is not capable of influencing the witness.
Jail incarceration is causing hardship to the applicant. Applicant is ready to
cooperate in the trial. The alleged offence is not heinous or brutal in nature
affecting society at large.
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 dairy, he fairly states that no criminal antecedent is reported against the
applicant. Applicant is aged around 43 years and is a homemaker.
6. According to the accusation on case diary, there was an altercation
between Amritlal and Kalabai over throwing of garbage infront of the house
in the morning of 14.11.2025. After sometime, Kalabai, Mohanlal and
Govind abused Amritlal in filthy language. Govind and Mohanlal slapped
Amritlal. Kalabai assaulted Amritlal with knife on his chest. Amritlal
sustained injury. He fell down. Manisha and Sapna intervened. Amritlal was
taken for treatment to Government Hospital Mahidpur. He was referred to
R.D. Gardi Hospital Ujjain. Later he was referred for treatment to Patidar
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Hospital Ujjain. The Police Station Mahidpur Road registered FIR for
offence punishable under Section 115(2), 296(a), 351(3), 3(5) of BNS at the
instance of complainant Manisha Nayak. On medical opinion, prosecution
for offence punishable under Section 109(1) of BNS was added. The
applicant Kalabai was arrested on 19.12.2025. She is in custody ever
since. The final report has been submitted on completion of investigation.
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 intention of the applicant in the
alleged offence will be determined after evidence in the trial.
7. As informed, applicant is homemaker by profession. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any criminal antecedent against the applicant, 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 - Kalabai shall be released
on bail in connection with Crime, as mentioned in first paragraph of this
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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 गी ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करगी या उसम स मिलत नह ं ह गी
।(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 ं दगी , 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 ं करगी
।(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 करगी।
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 from 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
BDJ
