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Madhya Pradesh High Court
Akash Prajapati vs The State Of Madhya Pradesh on 10 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:5214
1 MCRC-6655-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 10th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6655 of 2026
AKASH PRAJAPATI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sushil Goswami - Advocate for the applicant.
Shri Brijesh Kumar Tyagi - GA for the respondent/State.
ORDER
This is second bail application under Section 483 of BNSS filed by the
applicant for grant of bail. His first bail application was dismissed as
withdrawn by this Court vide order dated 08.01.2026 passed in M.Cr.C.
No.60436/2025.
The applicant has been arrested on 04.11.2025 in connection with
Crime No.693/2025 registered at Police Station Kotwali District Datia in
relation to the offence punishable under Sections 338(4), 336(3), 338,
340(3), 3 (5) of BNS and Section 3/4 of Public Gambling Act.
Learned counsel for the applicant contended that the case of the
present applicant is akin to the case of co-accused, namely, Nihal Prajapati,
who has been granted benefit of bail by this Court vide order dated
21.11.2025 passed in M.Cr.C. No.53615/2025, therefore, claiming parity, it
is prayed that the present application be allowed and benefit of bail be also
NEUTRAL CITATION NO. 2026:MPHC-GWL:5214
2 MCRC-6655-2026
granted to the applicant.
On the other hand, learned counsel for the State opposed the bail
application, but he does not dispute the factum of parity with the above said
co-accused.
Heard counsel for parties and perused the case diary.
The case of the applicant appears to be similar to the case of co-
accused, namely, Nihal Prajapati, who has been granted benefit of bail by
this Court vide order dated 21.11.2025 passed in M.Cr.C. No.53615/2025.
Thus, there is no reason to take a different view than the one taken in the
case of above said co- accused.
In view of above and looking to the fact that the material placed on
record does not disclose the possibility of the applicant's fleeing from justice,
this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on the merits of the case,
the present application is allowed. It is directed that the applicant be released
on bail upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees
Fifty Thousand only), along with one solvent surety of the like amount, to
the satisfaction of the Trial Court/Committal Court, for his appearance on the
dates fixed by the said 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
NEUTRAL CITATION NO. 2026:MPHC-GWL:5214
3 MCRC-6655-2026
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
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
