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Madhya Pradesh High Court
Sunil Ahirwar vs The State Of Madhya Pradesh on 17 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4865
1 MCRC-7274-2026
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. 7274 of 2026
SUNIL AHIRWAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aditya Verma - 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. 389/ 2025 registered at Police Station-
Shujalpur, District Shajapur (M.P.) for offence punishable under Sections
115(2), 296, 351(3), 3(5), 118(1), 118(2), 109(1) of the BNS, 2023 and
section 25 of Arms Act. Applicant is in judicial custody since 31.12.2025.
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 on previous enmity between the parties. He has not
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committed the alleged offence. Learned counsel referring to cross-case FIR
at Crime no. 388/2025, submits that minor altercation between the families
aggravated into physical scuffle wherein both the parties had sustained
injuries. Jagdish, Santoshbai and Bhuribai of accused party also sustained
injuries. The injured were aggressor. No offence, as alleged, is committed by
the applicant. Only allegation against the applicant is to assault by an axe to
Mithun. As per medical report, Mithun did not sustain any fracture or
grevious hurt. The medical report shows that Mithun has sustained injury
over his left eye brow but there is no medical evidence suggesting loss of eye
sight. 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 young applicant and
the dependent family. Co-accused Golu alias Manoj has been extended
benefit of bail vide order dated 02.02.2026 passed in M.Cr.C. No.
4945/2026. 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 23 years and is a labourer by profession.
According to the accusation on case diary, Dinesh and Mithun were
passing infront of house of Jagdish. Jagdish, Sunil, Babulal and Golu abused
them in filthy language over previous dispute. Jagdish brought sword,
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Babulal brought Darata and assaulted Dinesh. Dinesh sustained injury over
his head, right ear, abdomen and hand. Mithun intervened. Sunil(applicant)
brought an axe, Golu brought wooden stick and assaulted Mithun. Mithun
sustained injury on left cheek, shoulder and left hand. Accused threatened to
kill them if they deposed in court regarding earlier quarrel. On such
allegations, the Police Station Shujalpur registered FIR for offence
punishable under Section 115(2), 118(1), 296, 351(3) and 3(5) of the BNS
2023. Later, prosecution for offence punishable under Section 118(2) and
109(1) of BNS and Section 25 of Arms Act was added. Dinesh sustained
fracture of right hip bone. He had to undergo surgical intervention during
treatment. However, the x-ray report revealed that no fracture was caused to
Mithun. Mithun had sustained a lacerated wound on left cheek. His eye brow
of left eye was torn. The medical officer opined that the injury caused to
Dinesh and Mithun may be life threatening. The applicant was arrested on
31.12.2025. He is in custody ever since. 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, intention and
complicity of the applicant in the alleged offence 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 criminal antecedent
against the applicant, considering the socio-economic status of the applicant,
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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 young 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 - Sunil Ahirwar 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):-
(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;
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(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय 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
