[Cites 1, Cited by 0]
Madhya Pradesh High Court
Hardeep vs The State Of Madhya Pradesh on 13 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4633
1 MCRC-7298-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 13th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 7298 of 2026
HARDEEP
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Virendra Sharma Senior Advocate with Shri Jitendra Sharma
advocate for applicant through VC.
Shri Gajendra Singh Dodia public prosecutor for State.
ORDER
1. This first application has been filed by applicant under 483 of Bharatiya
Nagarik Suraksha Sanhita 2023 for grant of bail in connection with Crime
No. 382/2025 registered at Police Station - Makdon, District Ujjain(M.P.) for
offence punishable under Section 103(1), 3(5) of the BNS. The applicant is
in judicial custody since 6.10.2025.
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 has been falsely
implicated in this matter, merely on basis of information given by co-
accused Mangilal in police custody, which is not admissible in evidence. No
NEUTRAL CITATION NO. 2026:MPHC-IND:4633
2 MCRC-7298-2026
incriminating material is seized at the instance of the applicant to connect
him with the alleged offence. The prosecution is based on circumstantial
evidence but there is no incriminating circumstance which even prima
facie establish complicity of the applicant. The final report has been
submitted on completion of investigation. Applicant has clean past with
family roots. There is no likelihood of tampering with evidence by the
applicant for the reason that he is not capable to influence the prosecution
witness. Jail incarceration is causing hardship to the applicant. Applicant is
ready to co-operate in the trial.
5. 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 around 25 years. He is labourer by profession.
6 . As per the accusation, Pappu Meena was found injured and dead near
his harvester parked at Bajrang Madhushala Rupakhedi Road on Pankhedi.
The Police Station Makdon registered unnatural death intimation. During
inquest, the dead body of Pappu was forwarded for postmortem examination.
The Medical Officer opined that Pappu had died due to multiple head
injuries, skull bone fracture and excessive blood loss. The investigation
revealed that Pappu was fearing assault by his workers Jaswant Singh and
Hardeep Singh. Accordingly. Jaswant and Hardeep were apprehended on
6.10.2025. They informed that Jaswant Singh had assaulted Pappu @
Shivcharan by iron tommy while Hardeep caught hold of the hands of Pappu.
One iron tommy was seized from possession of Jaswant. A key of
NEUTRAL CITATION NO. 2026:MPHC-IND:4633
3 MCRC-7298-2026
motorcycle was seized at the instance of applicant Hardeep Singh. However,
the identification of the key of motorcycle was not conducted during
investigation. The final report has been submitted on completion of
investigation. 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 and intention of the
applicant in the alleged offence will be determined after evidence in the trial.
7. As informed, the applicant has family responsibility of aged parents.
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
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.
8. 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.
9. Accordingly, it is directed that applicant- Hardeep 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
NEUTRAL CITATION NO. 2026:MPHC-IND:4633
4 MCRC-7298-2026
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 ।
10. 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 of this order.
11. 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
BDJ
