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Madhya Pradesh High Court
Omprakash Lodha vs The State Of Madhya Pradesh on 11 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4391
1 MCRC-6932-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6932 of 2026
OMPRAKASH LODHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shubham Kusumkar - Advocate for the applicant.
Shri Ayushyaman Choudhary - Govt. Advocate for the
respondent/State.
ORDER
This first 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.09/2026 registered at Police Station- Suthaliya
District Rajgarh(M.P.) for offence punishable under Sections 309(6), 3(5) of
the BNS, 2023. Applicant is in judicial custody since 10.01.2026.
Heard the arguments.
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. Minor altercation is exaggerated and given color of
robbery. The applicant has not committed the alleged offence. The final
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report has been filed on completion of investigation. There is no likelihood
of tampering with evidence by the applicant. Jail incarceration is causing
hardship to the applicant and the dependent family. The trial would take time
to conclude. 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. However, after going through the
case diary, he fairly states that no criminal antecedent is reported against the
applicant. Applicant is aged 36 years. He is an agriculturist by profession.
According to the accusation on record, the complainant Santosh was
answering nature's call in the morning of 10.01.2026. Ramesh Lodha, Keshar
Singh and Om Prakash abused him in filthy language and assaulted him with
wooden sticks. They snatched his purse containing Rs. 5,000/-. On such
allegations, P.S. Suthaliya registered FIR for offence punishable u/S 309(4)
and 3(5) of BNSS, 2023 against the applicant and other accused persons.
Applicant was arrested on 10.01.2026. Cash Rs. 1500/- was recovered from
his possession. The final report has been filed. The contentions advanced by
the applicant have prima-facie merit and cannot be dismissed as manifestly
baseless. The veracity of prosecution, role and complicity of applicant will
be determined after evidence in the trial.
As informed, the applicant has responsibility of dependent
family. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of any criminal antecedent, considering the
socio-economic status of the applicant, there appears to be no likelihood of
recidivism or tampering with evidence or influencing remaining witnesses
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by the applicant. 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. Thus, the application is
allowed.
Accordingly, it is directed that applicant- Om Prakash Lodha 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.50,000/-
(Rupees Fifty 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 asunder):-
(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 ।
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
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merit, cancellation of bail without any impediment from this order.
The trial Court shall get these conditions reproduced on the personal
bond 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
