Lovekush Gurjar vs The State Of Madhya Pradesh
2026 Latest Caselaw 1356 MP

Citation : 2026 Latest Caselaw 1356 MP
Judgement Date : 10 February, 2026

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Madhya Pradesh High Court

Lovekush Gurjar vs The State Of Madhya Pradesh on 10 February, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

           NEUTRAL CITATION NO. 2026:MPHC-GWL:5234




                                                            1                          MCRC-6564-2026
                             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. 6564 of 2026
                                                   LOVEKUSH GURJAR
                                                         Versus
                                             THE STATE OF MADHYA PRADESH
                          Appearance:
                                  Shri Rameshwar Rawat - Advocate for the applicant.

                                  Shri Mohit Shivhare - GA for the respondent/State.

                                                                ORDER

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 20.01.2026 in connection with Crime No.16/2026 registered at Police Station Sirol District Gwalior for offences under Sections 108 and 351(3) of BNS.

The deceased, Muskan, was initially married to Gabbar Singh Chauhan on 28.06.2023. Later, she developed a relationship with the

applicant/accused Lavkush Gurjar, who allegedly asked her to divorce her husband. After the divorce, Muskan and Lavkush began living together in a rented flat in Gwalior. The prosecution alleges that the applicant subjected Muskan to physical and mental harassment, which ultimately led to her death by hanging on 27.09.2025. Following a marg investigation (Marg No. 26/2025) at Sirol police station, a case was registered against the applicant

NEUTRAL CITATION NO. 2026:MPHC-GWL:5234

2 MCRC-6564-2026 under Sections 108 and 351(3) BNSS (Crime No. 16/2026).

Learned counsel for the applicant submits that the applicant has been falsely implicated and has not committed the alleged offence. The applicant is a 22-year-old student with no prior criminal record and has no direct or indirect involvement in the deceased's death. The deceased committed suicide by hanging on 27.09.2025, and the applicant was implicated only four months later based on friendship with the deceased. There is no evidence of harassment, abuse, or instigation by the applicant, and no suicide note or other incriminating material has been found. Prima facie, Sections 107 IPC and 145 BNSS are not made out against him. The applicant is in judicial custody since 20.01.2026 and the trial is likely to take a considerable time to conclude. The applicant is a permanent resident of District Gwalior

and there is no likelihood of his absconding, tampering with prosecution evidence, or influencing any witness. The applicant undertakes 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 this Hon'ble Court may be pleased to enlarge the applicant on bail in the interest of justice.

Per contra, learned counsel for the State vehemently opposed the bail application submitting that the applicant has criminal antecedents of 05 cases and prayed for its rejection. It is further submitted that the investigation in the matter is still pending.

Heard counsel for the parties and perused the case diary. Considering the totality of facts and circumstances of the case, the arguments advanced by learned counsel for the parties, the nature of

NEUTRAL CITATION NO. 2026:MPHC-GWL:5234

3 MCRC-6564-2026 allegations, 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 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;

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;