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Madhya Pradesh High Court
Chouthmal vs The State Of Madhya Pradesh on 12 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4489
1 MCRC-6977-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 12th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6977 of 2026
CHOUTHMAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Dharmendra Keharwar, Advocate for the applicant.
Shri Gajendra Singh Dodia, Govt. Advocate for the respondent/State.
ORDER
1. 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.213/2025 registered at Police Station-Birla Gram,
District-Ujjain(M.P.) for offence punishable under Sections 309(4), 319(2),
3(5) and 329(4) of the BNS, 2023. Applicant is in judicial custody since
20.08.2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. 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. No offence, as alleged, is committed by the applicant.
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The final report has been submitted 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. Applicant is
ready to cooperate in trial.
5. Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. Learned counsel further refers to
04 criminal antecedents against the applicant, as mentioned in the case diary.
Applicant is aged around 37 years and is labourer by profession.
6. In reply, learned counsel for the applicant submits that all the
other matters against the applicant is pending for trial. No prosecution,
similar in nature, is pending against the applicant. The applicant has never
been convicted.
7. As per accusation on case diary, applicant - Chouthmal alongwith
co-accused went to the house of Kaushalyabai in the morning of 14.08.2025.
They asked for donation. When Kaushalyabai went to get money, one of the
accused splashed something in her eyes. They snatched the purse containing
cash Rs.3,000/- and a gold tops and fled away. On such allegations, P.S.
Birlagram registered FIR for offence punishable under Sections 309(4),
319(2)/3(5) and 329(4) of the BNS, 2023. The applicant was arrested on
20.08.2025. He is in custody ever since. A pair of golden tops was recovered
at the instance of the applicant. The applicant was identified in the Test
Identification Parade. The final report was submitted on completion of
investigation. The trial would take time to conclude. The veracity of
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prosecution and complicity of the applicant in the alleged offence will be
determined in trial.
8. As informed, the applicant has family responsibilities. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of substantial criminal past and previous conviction for any offence,
considering the socio-economic status of the applicant, there appears to be
no likelihood of recidivism or 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.
9. 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 applicants on bail. Thus, the application is
allowed.
10 Accordingly, it is directed that applicant-Chouthmal 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 solvent 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) आवेदकगण संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रह गा ।
(2) Applicants shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं ह गा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person
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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) आवेदकगण 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 ह
।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or
threaten the witness;
(4) आवेदकगण 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 आवेदकगण धारा ३०९ दं . .सं. / ३४६ भारतीय
नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा।
11. 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.
12. 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/she had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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