[Cites 2, Cited by 0]
Madhya Pradesh High Court
Anish vs The State Of Madhya Pradesh on 10 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
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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. 6380 of 2026
ANISH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ajay Kumar Dwivedi - 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 13.01.2026 in connection with
Crime No.14/2026 registered at Police Station Gola Ka Mandir District
Gwalior for offences under Sections 296 (B), 115(2), 324(4), 125, 351 (3),
3(5) of B.N.S. added Section 25/27 Arms Act.
As per prosecution story, complainant Santosh Parihar, along with
Akash Sikarwar and Sanjay Tomar, appeared and orally reported that he
works as a waiter at Dhurva Beer Bar. On 11/01/2026 at about 8:15 PM he
was at the beer bar and the beer bar owner, Aneesh Gurjar, Sonu Sharma,
Avdhesh Sharma, and Sachin Balmiki, brought snacks from outside and
asked him to serve more snacks. He told them to eat those first, and then he
would serve more. Over this issue, those people started abusing him. When
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he refused to be abused, all four of them kicked and punched him, and
Aneesh hit him with a stick on his back, and Sonu Sharma hit him with a
stick on his right hand, which caused blunt injuries to his body and damaged
the main gate glass of the beer bar, 8-10 bottles of liquor, and the swipe
machine kept on the counter. Then Sonu Sharma took out a pistol and fired
in the air, which endangered his life. The said people ran away, saying that if
he went to the police station to report, they would kill him. Based on the said
oral report, offence was registered against accused persons.
Learned counsel for the applicant submits that the applicant has been
falsely implicated and has not committed the alleged offence. The applicant
has no direct or indirect connection with the alleged offense. The offense is
not punishable with death or life imprisonment. The applicant is in judicial
custody since 13.01.2026 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 Court. In view of the aforesaid facts
and circumstances, it is prayed that this 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 04 cases
and prayed for its rejection.
Heard counsel for the parties and perused the case diary.
Considering the totality of facts and circumstances of the case, the
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arguments advanced by learned counsel for the parties, the nature of
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;
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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
neetu
