[Cites 4, Cited by 0]
Madhya Pradesh High Court
Vijyasingh Soundhiya vs The State Of Madhya Pradesh on 12 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4511
1 MCRC-5391-2026
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. 5391 of 2026
VIJYASINGH SOUNDHIYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manoj Saxena - Advocate for the applicant.
Shri Surendra Gupta - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.206/2025
registered at Police Station - Susner District Agar Malwa(M.P.) for offence
punishable under Sections 109 , 296, 351(2), 126(2), 3(5) and 238 of BNS,
2023 & Section 25/27 of Arms Act. The applicant is in custody since
23.09.2025.
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. It is a case of false over implication. The applicant is
implicated alleging his presence on the spot. He did not fire gun shot at the
NEUTRAL CITATION NO. 2026:MPHC-IND:4511
2 MCRC-5391-2026
complainant - Akram. There is no allegation of assault against the applicant.
The alleged offence is not committed by the applicant. There is no
likelihood of tampering with evidence by the applicant. The final report has
been submitted. Jail incarceration is causing hardship to the young applicant
and his family members. Applicant is ready to cooperate in further trial.
Per contra, learned counsel for the respondent/State opposes the
application on the ground of gravity of alleged offence. Learned counsel
refers to 01 criminal antecedent reported against the applicant, as mentioned
in the case diary. The applicant is aged around 18 years. He is an agriculturist
by profession.
In reply, learned counsel for the applicant submits that applicant has
been extended benefit of bail and the matter is pending for trial. Applicant
has never been convicted for any offence.
As per the accusation on case diary, Akaram Lala reported to P.S.
Susner that on 08.09.2025, around 4:50 in the evening, he was returning
home on motorcycle with Waseem Lala. Virendra Singh and
Vijay(applicant) intercepted their motorcycle and abused them in filthy
language. Virendra pulled out a pistol and fired gun shot on Akram. He
suffered pellet injury in left calf and right hand thumb and index finger.
Bharat Gayari and Guman also came there. Guman was holding a gun. They
also abused him in filthy language. Accused threatened to kill them over land
dispute. On such allegations, P.S. Susner registered FIR for offence
punishable u/S 109, 296, 351(2), 126(2), 3(5) of BNS, 2023. The prosecution
for offence punishable u/S 238 of BNS,2023 and Section 25/27 of Arms Act
NEUTRAL CITATION NO. 2026:MPHC-IND:4511
3 MCRC-5391-2026
was added. 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 will be determined
after evidence in the trial.
As informed, applicant is still dependent on his family and survives on
occasional labour work. Considering these aspects, there appears to be no
possibility of fleeing from justice. In absence of any substantial criminal past
and previous conviction for any major 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. 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- Vijay Singh Soundhiya 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 as under):-
NEUTRAL CITATION NO. 2026:MPHC-IND:4511
4 MCRC-5391-2026
(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
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/she had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
