[Cites 2, Cited by 0]
Madhya Pradesh High Court
Nabab Singh Ghuraiya vs The State Of Madhya Pradesh on 6 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4916
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 6 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5642 of 2026
NABAB SINGH GHURAIYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri S K S Jadon - Advocate for applicant.
Shri Brijesh Kumar Tyagi - Public Prosecutor for respondent/State.
Shri Prakhar Dhengula - Advocate for respondent [comp].
ORDER
This is third bail application under Section 483 of BNSS filed by the
applicant for grant of bail. His earlier temporary bail application was allowed
vide order dated 25.11.2025 passed in M.Cr.C. No.52902 of 2025 by this
Court for a period of six days.
The applicant has been arrested on 23.07.2024 in connection with
Crime No.307/2024 registered at Police Station Thatipur District Gwalior for
offences under Sections 191(2), 191(3), 190, 103(2), 109, 238 of BNS and
Sections 25, 30 of Arms Act.
The allegation against the applicant is that he, along with more than
five co-accused persons, arrived at the scene of occurrence armed with lathis,
sticks, rifles, and country-made pistols, and committed rioting; and the co-
accused persons fired shots causing the death of Narottam, and also assaulted
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the other injured persons, thereby inflicting serious injuries upon them.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case and has not committed any offence as
alleged by the prosecution. It is further submitted that the applicant was
earlier enlarged on interim bail on the occasion of the marriage of his
daughter, and thereafter he duly surrendered within the stipulated time. The
applicant has not misused the liberty so granted by this Hon'ble Court. It is
further submitted that the applicant is suffering from a serious lung infection
and is presently admitted in J.A. Hospital, Gwalior, where he has remained in
the ICU for a considerable period. The applicant has also been kept on
ventilator/oxygen support. Despite continuous treatment, he is not getting
adequate medical relief. Considering his critical medical condition and the
requirement of specialized and continuous treatment, the applicant deserves
to be enlarged on bail. Hence, it is prayed that this Hon'ble Court may be
pleased to grant bail to the applicant in the interest of justice.
Learned counsel for the State fairly submits that the medical condition
of the applicant has been verified and the ailment as stated by the applicant is
found to be correct.
Learned counsel for the complainant vehemently opposed and prayed
for its rejection.
Heard counsel for the parties and perused the case diary.
Taking into account the overall facts and circumstances of the case, the
arguments advanced by learned counsel for the parties, the medical condition
of the applicant coupled with the fact that the trial is not likely to conclude in
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near future and prolonged pre- trial detention being an anathema to the
concept of liberty, this Court is inclined to extend the benefit of bail to the
applicant.
Accordingly, without expressing any opinion on merits of the case,
this application is allowed and it is directed that the applicant be released on
bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand only) with one solvent surety of the like amount to the satisfaction
of the trial Court/committal Court for his appearance on the dates given by
the concerned Court.
This order will remain operative subject to compliance of the
following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant will not indulge himself in extending inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
4 . The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the
trial; and
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6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
