[Cites 7, Cited by 0]
Madhya Pradesh High Court
Vikram Choubey vs The State Of Madhya Pradesh on 9 February, 2026
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2026:MPHC-JBP:11255
1 MCRC-6454-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 9 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6454 of 2026
VIKRAM CHOUBEY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Tiwari - Advocate for the applicant.
Smt.Swati A.George - Deputy G.A. for the respondent/State.
ORDER
Case diary is available.
2 . This first application under Section 483 of Bhartiya Nagarik
Suraksha Sanhita, 2023/439 of Cr.P.C. has been filed for grant of bail.
3 . The applicant has been arrested on 4.8.2025 in connection with
Crime No.568/2025 registered at Police Station Madhavnagar, District Katni,
for offence under Sections 296, 115(2), 109(1), 103(1) and 3(5) of the BNS.
4. It is submitted by counsel for the applicant that bail application of
co-accused has been decided by a coordinate Bench of this court.
5. Since the Hon'ble Judge who has decided the applications of co-
accused has demitted his office therefore, this application has been listed
before this court.
6 . It is submitted by counsel for applicant that the name of the
applicant was neither mentioned in the FIR nor he has been named by any of
NEUTRAL CITATION NO. 2026:MPHC-JBP:11255
2 MCRC-6454-2026
the witnesses. Even in the first memorandum of co-accused persons, the
applicant was not named; but, in the second memorandum of Deepak and
Mohit, it was alleged that applicant had also caught hold the deceased. The
applicant is in jail for the last more than seven months. The trial is likely to
take sufficiently long time and there is no possibility of his absconding or
tampering with prosecution witnesses. It is further submitted that bail
application of co-accused Ishwar Rajani has been allowed and the case of the
present applicant is identical to the case of Ishwar Rajani.
7. Per contra, the application is vehemently opposed by counsel for the
State. It is submitted that as per the FSL report, blood of blood group of the
deceased was found on the clothes of the applicant. However, it is fairly
conceded that neither the name of the applicant is mentioned in the FIR nor
any of the witnesses have named him and he has been taken into custody
only on the basis of confessional statements made by co-accused persons.
8. Heard learned counsel for the parties and perused the case diary.
9 . Admittedly, the confessional statements made by accused are not
admissible. However, whether the solitary circumstance of presence of
blood of the deceased on the clothes of the applicant would be sufficient to
record his conviction or not, is not to be decided by this Court at this stage;
but, one thing is clear that except one circumstance, i.e., presence of blood of
the deceased on the clothes of the applicant, there is no other evidence.
10. Accordingly, considering the period of detention as well as the
nature of allegations coupled with the fact that co-accused Ishwar Rajani has
already been granted bail by order dated 25.11.2025 passed in
NEUTRAL CITATION NO. 2026:MPHC-JBP:11255
3 MCRC-6454-2026
M.Cr.C.No.52814/2025 whose case is identical to that of the present
applicant, the application for grant of bail is hereby allowed. It is directed
that applicant be released on bail on furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the
satisfaction of the Trial Court/Committal Court to appear before the Court on
the dates given by the concerned Court.
11. This order shall remain effective till the end of trial but in case of
bail jump, it shall become ineffective and the trial Court shall be free to take
the applicant in custody.
12. In the light of the judgment passed by the Supreme Court in the
case of XYZ and Others Vs. State of M.P. and Another, reported in (2021)
16 SCC 179, the intimation regarding grant of bail be sent to the
complainant.
13. Certified copy as per rules.
(G. S. AHLUWALIA)
JUDGE
HS
