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Madhya Pradesh High Court
Alfez vs The State Of Madhya Pradesh on 3 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3463
1 MCRC-538-2026
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. 538 of 2026
ALFEZ
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sachin Parmar, Advocate for the applicant.
Shri Surendra Gupta, Govt. Advocate for the respondent/State.
ORDER
1. This second application has been filed by the applicant under Section
483 of BNSS, 2023 for grant of bail in connection with Crime No.47/2025
registered at Police Station-Jeerapur, District - Rajgarh(M.P.) for offence
punishable under Section 303(2) of BNS, 2023. Applicant is in judicial custody
since 24/04/2025. His first bail application was dismissed vide order dated
17.07.2025, passed in M.Cr.C. No.28634/2025 with liberty to renew the prayer
after the seizure witnesses are examined. Thereafter, complainant Gajraj(PW1),
Shivam(PW2) and seizure witness Ravi Jat(PW3) have been examined before the
trial Court.
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
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offence. No incriminating material, much less, the stolen property was recovered
from the possession of the applicant. The applicant has not committed the alleged
offence. The material prosecution witnesses complainant Gajraj(PW1),
Shivam(PW2) and seizure witness Ravi Jat(PW3) have been examined. Jail
incarceration is causing hardship to the applicant and his dependent family
members. Applicant is ready to cooperate in the trial. There is no allegation of
organized crime constituting threat to national security or general public.
5. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel refers to 15 criminal
antecedents against applicant as mentioned in case diary. Applicant is aged 25
years. He is labourer by profession.
6. In reply, learned counsel for the applicants submits that the applicant
has been acquitted in cases relating to Crime Nos. 167/2016, 54/2021, 62/2021,
264/2021, 726/2021, 192/2022, 206/2022, 91/2023. The case relating to Crime
Nos. 91/2020, 27/2022, 372/2022, 35/2023, 37/2025 and 291/2024 are pending
for trial. In one matter related to Crime No.402/2023, the applicant has been
convicted for 1 year vide order dated 26.09.2024 by the JMFC, Susner and
undergone sentence.
7. As per accusation, Gajraj Dhakad reported to P.S. Jeerapur that his
motorcycle was stolen from Sirpoi Colony, Jeerapur between 03.02.2025
04.02.2025. The P.S. Jeerapur registered FIR for offence punishable under
Sections 303(2) of BNS, 2023. Accordingly, applicant - Alfez was arrested on
24.04.2025. He is in custody ever since. One motorcycle was recovered at the
instance of the applicant. Complainant Gajraj(PW1), Shivam(PW2),
Shivam(PW2) and seizure witness Ravi Jat have been examined. The trial would
take time to conclude. The veracity of prosecution and complicity of applicant in
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the alleged offence will be determined after evidence in the trial.
8. As informed, the applicant has family responsibility. Considering these
aspects, there appears to be no possibility of fleeing from justice. Considering the
socio-economic status of the applicant, there appears to be no likelihood of
recidivism or tampering with evidence or influencing the remaining witnesses by
the applicant. The offence is triable by JMFC. There appears to be no compelling
reason to continue incarceration of the applicant. However, the observations,
herein-above, are recorded for present application only.
9. C onsidering 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, however, on stringent
conditions in view of his criminal antecedents. Thus, the application is
allowed.
1 0 . Accordingly, it is directed that applicant-Alfez 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.75,000/- (Rupees
Seventy Five Thousand) 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) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence;
(2) आवेदक केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(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) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन,
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धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को
कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or
allure, pressurize or threaten the witness;
(4) आवदे क 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 आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा
(6) The applicant shall mark his presence before the SHO, P.S.-Jeerapur, District
Rajgarh(M.P.) on first Saturday of every month till conclusion of trial. A copy of this
order be forwarded to the concerned SHO for compliance with the case diary.
11. 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.
12. 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
