[Cites 7, Cited by 0]
Madhya Pradesh High Court
Sanjay vs The State Of Madhya Pradesh on 9 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4127
1 MCRC-6072-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6072 of 2026
SANJAY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shiv Narayan - Advocate for the applicant.
Shri Ayushyaman Choudhary GA for the State,.
ORDER
1 . This first application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No.306/2024 registered at Police Station Kanad,
District Agar Malwa(M.P.) for offence punishable under Sections, 309(4),
310(2), 238, 61(2)(a), 312, 111 of BNS, 2023, Section 25(1a) and 27 of
Arms Act and Section 3/181 and 5/180 of Motor Vehicle Act. Applicant is in
custody since 05.01.2025.
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 offence on the basis of information of co-accused in police
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custody. There is no likelihood of tampering with remaining evidence by the
applicant, as material prosecution witnesses i.e. the complainant - Bharat
Yadav (PW-1) and injured eye-witness Shankar Singh (PW-2) have been
examined. They did not support the prosecution case. Co-accused Govind
has been enlarged on bail by this Court vide order dated 04/02/2026 passed
in MCRC no. 5831/2026. Jail incarceration is causing hardship to the young
applicant and his dependent family. Applicant is ready to cooperate in trial.
5. Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel refers to 03
criminal antecedents, as mentioned in the case diary. Applicant is aged 24
years. He is agriculturist by profession.
6. In reply, learned counsel for the applicant submits that the other
matters are pending for trial. Applicant has never been convicted for any
offence.
7. According to the accusation on record, Bharat Yadav and Shankar
Singh were travelling in Tata Magic vehicle of Vidhya Enterprises towards
Village Palda on Agar-Sarangpur Road in the night of 18.12.2024. Four
unknown offenders intercepted their vehicle. They snatched bag of Bharat
Singh containing Rs. 25,000/- in cash. Bharat Yadav and Shankar Singh
lodged FIR at P.S. Kanad for offence punishable u/s 309(4) of BNS, 2023.
During investigation, applicant Sanjay was arrested on 05.01.2025. Sanjay
was not identified by Bharat Yadav and Shankar Singh in TIP. Cash Rs.
3,000/- was recovered from applicant. Material prosecution witnesses have
been examined and they did not support the prosecution case. Co-accused
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Sandeep, Govind and Vinod have been extended benefit of bail . The
contentions advanced by the applicant have prima-facie merit and cannot be
dismissed as manifestly baseless.
8. As informed, applicant has the responsibility of dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any criminal substantial criminal past and previous
conviction for any offence, 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. There
appears to be no compelling reason to continue incarceration of the young
applicant. However, the observations, herein-above, are recorded for present
application only.
9. Considering 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. Thus, the application is
allowed.
10. Accordingly, it is directed that applicant- Sanjay 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.50,000/- (Rupees
Fifty Thousand only) 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 ।
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(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का 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,
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
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 had explained
the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
