Babulal Alias Rambabu Alias Babu vs The State Of Madhya Pradesh
2026 Latest Caselaw 1248 MP

Madhya Pradesh High Court

Babulal Alias Rambabu Alias Babu vs The State Of Madhya Pradesh on 6 February, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

          NEUTRAL CITATION NO. 2026:MPHC-GWL:4852




                                                             1                             MCRC-5060-2026
                            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. 5060 of 2026
                                          BABULAL ALIAS RAMBABU ALIAS BABU
                                                        Versus
                                            THE STATE OF MADHYA PRADESH
                         Appearance:
                               Shri Amit Rawat - Advocate for applicant.
                               Ms Anjali Gyanani - Public Prosecutor for respondent/State.

                                                              ORDER

This is second bail application under Section 483 of BNSS filed by the applicant for grant of bail. His earlier bail application was dismissed as withdrawn vide order dated 17.10.2025 passed in M.Cr.C. No.44253 of 2025 by this Court.

The applicant has been arrested on 05.05.2025 in connection with Crime No.286/2025 registered at Police Station Kotwali District Daita for offences under Sections 126(2), 309(4), 351(3) of BNS and Section 11/13 of MPDVPK Act.

The allegation against the applicant is that he, along with the co-accused, by placing a country-made pistol against the back of the complainant Aslam and

putting him in immediate fear of bodily harm, committed robbery by forcibly taking away his mobile phone, cash, and motorcycle.

Learned counsel for the applicant submits that the applicant has been falsely implicated and no recovery has been made from him. It is further submitted that the complainant Aslam has already been examined before the trial Court on 05.01.2026 and he has not supported the prosecution story. According to the learned counsel, the star witness having turned hostile, the substratum of the

NEUTRAL CITATION NO. 2026:MPHC-GWL:4852

2 MCRC-5060-2026 prosecution case stands considerably weakened. It is also submitted that the applicant is in judicial custody since 05.05.2025 and the trial is likely to take considerable time to conclude. There is no likelihood of his absconding or tampering with evidence, and he is ready to abide by all the terms and conditions imposed by the Court. In view of foregoing, it is prayed that benefit of bail be extended to the present applicant.

Per contra, learned counsel for the State and 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 period of incarceration coupled with the fact that the trial is not likely to conclude in 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 local 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;

NEUTRAL CITATION NO. 2026:MPHC-GWL:4852

3 MCRC-5060-2026

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

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

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