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Madhya Pradesh High Court
Ishwar Singh vs The State Of Madhya Pradesh on 17 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4917
1 MCRC-7848-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 17th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 7848 of 2026
ISHWAR SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Kumar Vijaywargiya - Advocate for the applicant..
Shri Sunit Kapoor GA for the State.
ORDER
1. This fifth 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.178/2024 registered at Police Station - Sarangpur, District
Rajgarh(M.P.) for offence punishable under Sections 294, 342, 323, 506, 34, 365,
326, 307 of IPC. Applicant is in judicial custody since 27.03.2024. Earlier bail
applications of the applicant have been dismissed as withdrawn.
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 applicant has been falsely implicated in
this matter due to previous enmity. He has not committed the alleged offence. The
material prosecution witnesses including the injured complainant have been
examined. The medical officer had opined that none of the injury was found on
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vital part of the body of the injured. There is no likelihood of tampering with
remaining evidence by the applicant for the reason that he is not capable to
influence the police witness. Jail incarceration is causing hardship to the
applicant and the dependent family. Co-accused Manish and Satyanarayan
has been extended benefit of bail vide order dated 28.10.2025, passed in
M.Cr.C. No.43690/2025 and vide order dated 14/11/2025 passed in MCRC
no.50880/2025 respectively. Applicant is ready to cooperate in the trial.
5. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. However, on going through the case diary,
he fairly states that no criminal antecedent is reported against the applicant.
6. According to the material on the case diary, the applicant and other
co-accused assaulted Kamal Singh with wooden stick. The police station
Sarangpur registered FIR initially for offence punishable under Section 294, 342,
323, 506 and 34 of IPC. The injured Kamal was forwarded for medico legal
examination. On x-ray examination, fracture of forearm and finger was revealed.
The prosecution for offence punishable under sections 365, 326 and 307 of IPC
was added. The applicant was arrested on 27.03.2024. He is in custody ever
since. No incriminating material was seized from the applicant. The veracity of
prosecution and intention of the applicant will be determined after evidence in
trial. 11 prosecution witnesses have been examined. 8 prosecution witnesses are
yet to be examined. The trial would take time to conclude.
7. As informed, the applicant is aged around 28 years(as per arrest
memo). He is labourer by profession and has responsibility of family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of criminal antecedent, there appears to be no likelihood of
tampering with evidence or influencing the remaining witnesses by the applicant.
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There appears to be no compelling reason to continue incarceration of the
applicant. .Co-accused Manish and Satyanarayan have been extended benefit
of bail. The prosecution against applicant is similar in nature. 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-Ishwar Singh 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 ।
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 from this order.
11. The trial Court shall get these conditions reproduced on the personal
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4 MCRC-7848-2026
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
amol
