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Madhya Pradesh High Court
Jagdish Parmar vs The State Of Madhya Pradesh on 12 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4484
1 MCRC-5545-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 12 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5545 of 2026
JAGDISH PARMAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Tanveer Ahamad - Advocate for the applicant.
Shri Surendra Gupta - 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. 379/2025 registered at Police Station- Madhav Nagar, District
Ujjain(M.P.) for offence punishable under Sections 115(2), 296, 351(2), 3(5) and
92 of BNS, 2023. Applicant is in judicial custody since 08.01.2026.
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. He has not committed the alleged offence. Minor altercation was
aggravated and given colour of forceful abortion. The allegation against the
applicant relates to giving a slap to Bharti - wife of complainant. There is no
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allegation that applicant had caused any serious injury to Bharti. The final report
has been submitted on completion of investigation. Applicant has clean past, with
family roots. There is no history of evading process of law. There is no likelihood
of tampering with evidence by the applicant. Jail incarceration is causing hardship
to the applicant. 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 dairy,
he fairly states that no criminal antecedent is reported against the applicant.
Applicant is aged around 62 years and is a Driver by profession.
According to the accusation on case diary, Lokendra Parmar reported to
P.S. Madhav Nagar on 07.09.2025 that his landlord Vishal, Jagdish and Rahul
were trying to evict him and had quarrel with him on 07.09.2025 around 10:00 in
the night. Rahul & Vishal abused them in filthy language. When his wife Bharti
opened the door, Jagdish(applicant) slapped her. When complainant intervened ,
Rahul and Vishal assaulted him with kick and fist blows. When his wife Bharti
tried to intervene, Vishal and Rahul pushed her due to which she fell down and
sustained injuries on her abdomen. On such allegations, P.S. Madhav Nagar
registered FIR for offence punishable under Section(s) 115(2), 296, 351(2), 3(5)
of BNS, 2023 against Rahul, Vishal and Jagdish(applicant). Bharti was forwarded
for medico legal examination. She was admitted in the hospital on complaint of
abdominal pain and suffered abortion of unborn child on 08.09.2025. It was
alleged that abortion was due to the injury on abdomen of Bharti in the alleged
incident. Therefore, prosecution for offence punishable u/S 92 of BNS,2023 was
added. The applicant - Jagdish was arrested on 08.01.2026. He is in custody ever
since. The final report has been submitted on completion of investigation. The
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Medical Officer opined that Bharti was pregnant with 06 months. The amniotic
fluid was reduced, therefore, the child could not develop. It cannot be opined that
the unborn child had died due to external injury. The trial would take time to
conclude. The contentions advanced by the applicant have prima facie merit and
cannot be dismissed as manifestly baseless. The veracity of prosecution,
complicity and intention of the applicant in the alleged offence will be determined
after evidence in the trial.
As informed, applicant has family responsibility of dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any criminal antecedent against the applicant, 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. 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 - Jagdish s hall 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
as under):-
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(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
रहे गा ।
(2) Applicant 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 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 ं दगा , 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।
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
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
