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Madhya Pradesh High Court
Kartik Choudhary Alias Babu Chaudhary vs The State Of Madhya Pradesh on 10 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:11645
1 CRA-594-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 10 th OF FEBRUARY, 2026
CRIMINAL APPEAL No. 594 of 2026
KARTIK CHOUDHARY ALIAS BABU CHAUDHARY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Arun Kumar Dixit - Advocate for appellant.
Mr. Mayur Gulati - Panel Lawyer for State.
Ms. Shraddha Verma - Advocate for complainant.
ORDER
The appellant has filed this first criminal appeal under Section 14-A of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being
aggrieved by order dated 12.11.2025 passed in bail application No.37297 of 2025
passed by the Second Additional Sessions Judge/Special Judge under the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Jabalpur,
MP whereby his bail application filed under Section 483 of BNSS, 2023, has been
rejected.
2. The appellant has been arrested on 07.10.2025 relating to FIR/Crime No.196
of 2025 registered at Police Station - Tilwara, District Jabalpur for offence
punishable under Sections 109, 296, 351(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 3(1)(r), 3(1)(s) and 3(2)5 of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Learned counsel appearing on behalf of the appellant has pointed out that the
appellant is innocent and has been falsely implicated in this case. According to the
prosecution case, the main accused Tushar @ Gullu Soni has used his pistol and
NEUTRAL CITATION NO. 2026:MPHC-JBP:11645
2 CRA-594-2026
fired a gunshot which hit Shivam Gupta. The FIR has been lodged by one Mohit
Choudhary; however, there is no material on record to connect the present
appellant with the alleged offence. None of the prosecution witnesses, in their
statements recorded by the police have named the present appellant as the assailant
nor has any test identification parade been conducted by the prosecution. Only a
CCTV footage has been seized and a constable has identified the present appellant
in the CCTV footage, but such identification has not been got done by the lodger
of the FIR namely Mohit Choudhary or the victim Shivam Gupta. In view of the
aforesaid, he has a good case on merits. He is in custody since 07.10.2025.
Conclusion of the trial will take time. The appellant is ready to abide by all the
terms and conditions that may be imposed by this Court while considering his
appeal for bail. In view of the aforesaid, he prays for grant of bail.
4. Per contra, learned counsel for the State as well as learned counsel for the
respondent No.2 have vehemently opposed the bail application/appeal and prayed
for its rejection.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the submissions made by learned counsel for the parties and
keeping in view the attending facts and circumstances of the case, this Court is
inclined to release the present appellant on bail. Thus, without commenting on the
merits of the case, the appeal is allowed and it is directed that the appellant be
released on bail upon her furnishing a personal bond in the sum of Rs.70,000/-
(Rupees Seventy Thousand Only) with one solvent surety in the like amount to the
satisfaction of the concerned trial Court/Committal Court.
7. This order will remain operative subject to compliance of the following
conditions by the appellant :-
"i) The appellant will comply with all the terms and conditions of the bond
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3 CRA-594-2026
executed by him;
ii) The appellant will cooperate in the investigation/trial, as the case may be;
iii) The appellant 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;
iv) The appellant shall not commit an offence similar to the offence of
which he is accused;
v) The appellant will not seek unnecessary adjournments during the trial;
vi) The appellant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be; and
vii) If any of the aforesaid conditions is violated, then this order shall loose
its effect automatically."
8. Copy of this order be sent to the trial Court concerned for compliance by the
office of this Court.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
THK
