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Madhya Pradesh High Court
Hem Singh Kushwaha vs The State Of Madhya Pradesh on 6 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4864
1 MCRC-5140-2026
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. 5140 of 2026
HEM SINGH KUSHWAHA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sarvesh Kumar Sharma - Advocate for the applicants.
Ms Kalpana Parmar - GA for the respondent/State.
Shri Keher Singh Kaurav - Advocate for the complainant.
ORDER
This is first application under Section 482 of BNSS filed by the applicant
for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.79/2025
registered at Police Station- Tighra District Gwalior for offence punishable under
Sections 115(2), 118(1), 351(3), 3(5), 117(2), 118(2) of BNS.
As per prosecution story, on 14.12.2025, around 11:00 AM, the
complainant Naresh Singh Kushwah, along with his family members, was at
home when a group of accused--Harisingh Kushwah with an axe, Pannalal
Kushwah with an iron rod, Hemsingh Kushwah with a blunt object, Bhura
Kushwah with a stick, and Shyam Kushwah with an iron bar attacked them due to
old enmity. The complainant, his brother-in-law, niece, and nephew-in-law
suffered head and bodily injuries. On seeing villagers gather, the accused fled the
scene, threatening to kill them next time. The complainant reported the incident to
the police for necessary action.
Learned counsel for the applicants submits that the applicants are innocent
NEUTRAL CITATION NO. 2026:MPHC-GWL:4864
2 MCRC-5140-2026
and have been falsely implicated in the present case. The applicants have no direct
or indirect involvement in the alleged offense. It is submitted that there are no
specific allegations against the applicants in the FIR. The applicants have not
caused any incident against the complainant, Naresh Singh Kushwah, or his
family. In fact, a prior complaint (Crime No. 78/2025) was lodged by Shri
Pannalal Kushwah, brother of Applicant No. 2, against Naresh Singh Kushwah
and others. The present complaint (Crime No. 79/2025) has been falsely lodged by
Naresh Singh Kushwah with the ulterior motive of pressuring the applicants, and
all allegations are fabricated. Learned counsel further submits that the
investigation/trial is likely to take considerable time to conclude. The applicants
are permanent residents of District Gwalior, and there is no likelihood of their
absconding, tampering with prosecution evidence, or influencing witnesses. The
applicants undertake to abide by all terms and conditions that may be imposed by
this Hon'ble Court. In view of the aforesaid facts and circumstances, it is prayed
that the applicants be enlarged on anticipatory bail.
Per contra, learned counsel for the State as well as counsel for the
complainant vehemently opposed the bail application and prayed for its rejection,
submitting that there is one criminal antecedent of applicant/s.
Heard learned counsel for the rival parties and perused the case diary.
Considering the submissions advanced by learned counsel for the parties,
without expressing any opinion on the merits of the case, this Court is inclined to
extend the benefit of bail to the applicants.
Accordingly, it is hereby directed that in the event of arrest, the applicants
shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) each with one solvent surety of the like amount in
case of each of the applicant to the satisfaction of Arresting
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Authority/Investigating Officer.
This order will remain operative subject to compliance of the following
conditions by the applicants :-
(1). The applicants will comply with all the terms and conditions of
the bond executed by them;
(2). The applicants will cooperate in the investigation/ trial, as the case may
be;
(3). The applicants will not indulge themselves 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 applicants shall not commit any offence similar to the offence of
which he is accused;
(5). The applicants will not seek unnecessary adjournments during the trial;
(6). The applicants will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court/Police Station concerned for
compliance. Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
