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Madhya Pradesh High Court
Awtarsingh vs The State Of Madhya Pradesh on 10 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4280
1 MCRC-1037-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 10th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 1037 of 2026
AWTARSINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manoj Saxena - Advocate for the applicant.
Shri Bhaskar Agrawal - Govt. Advocate for the respondent/State.
ORDER
This third 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. 52/2025 registered at Police Station- Pachore,
District- Rajgarh (M.P.) for offence punishable under Section 305(a) and
331(4) of the BNS 2023. Applicant is in judicial custody since 23.07.2025.
His first application was dismissed as withdrawn vide order dated
16.09.2025 passed in M.Cr.C. No. 39361/2025 with liberty to renew the
prayer after examination of complainant - Dhruv Saxena. His second bail
application was dismissed as withdrawn vide order dated 01.12.2025 passed
in M.Cr.C. No. 55037/2025. Thereafter, complainant Dhruv Saxena(PW-1),
Anil Saxena(PW-2), Gaurav(PW-3) have been examined before the trial
Court.
Heard the arguments.
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Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
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 merely on suspicion. No offence, as alleged, is
committed by the applicant. Material prosecution witnesses have been
examined before the trial Court. The complainant Dhruv(PW-1) did not
identify the seized articles in evidence. Further, the bills were not exhibited
during his evidence, which makes complicity of the applicant doubtful. The
trial would take time to conclude. There is no likelihood of tampering with
evidence by the applicant. Jail incarceration is causing hardship to the
applicant and his family. Applicant is ready to cooperate in the trial
Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. Learned counsel refers to 12
criminal antecedents of the applicant, as mentioned in the case diary and
submits that applicant has been convicted in three matters. Applicant is aged
40 years. He is an agricultural labourer.
In reply, learned counsel for the applicant submits that in Crime No.
700/2009, applicant was convicted and sentenced with imprisonment for 06
months & fine of Rs. 200/-. In Crime No. 240/2016, applicant was sentenced
to TRC with fine of Rs.1000/- and in Crime No. 483/2018, applicant was
sentenced to fine of Rs. 1000/-. Applicant stands acquitted in Crime No.
680/2009, 348/2018 and 113/2022. In Crime No. 250/2007, 103/2013,
104/2013, information regarding conviction/acquittal is awaited from the
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concerned Court. The other matter at Crime No. 315/2022 & 371/2020 is
pending for trial.
According to the material available on case diary, a theft was
committed at the house of Dhruv Saxena between 10.02.2025 to 19.02.2025
at village Mitthanpur. The gold and silver jewellery items and cash amount
Rs. 14,000/- was stolen from his house. P.S. Pachore registered FIR for
offence punishable u/S 331(4) and 305(A) against unknown offenders.
During investigation, applicant was arrested on 23.07.2025. Gold and silver
jewellery was recovered at his instance. Material prosecution witnesses have
been examined. The offence is triable by JMFC. The trial is underway. The
contentions raised by the applicant have prima-facie merit and cannot be
dismissed as manifestly baseless. The veracity of prosecution and complicity
of applicant will be determined after evidence in the trial.
As informed, applicant has the responsibility of dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. Considering the socio-economic status of the applicant, there appears
to be no likelihood of tampering with evidence or influencing the witnesses
by the applicant. The offence is triable by JMFC. There appears to be no
compelling reason to continue incarceration of the applicant. However, the
observations, herein-above, are recorded for present application only.
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, but with certain
stringent conditions in view of criminal antecedents of the applicant. Thus,
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the application is allowed.
Accordingly, it is directed that applicant- Awtarsingh 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.75,000/-
(Rupees Seventy Five 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 ।
(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 ।
(6) The applicant shall mark his presence before the SHO, P.S.- Pachore, District.
Rajgarh (M.P.) on every Saturday of the month till conclusion of trial. A copy of
this order be forwarded to the concerned SHO for compliance with the case diary.
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.
The trial Court shall get these conditions reproduced on the personal bond
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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
sh
