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Madhya Pradesh High Court
Sanni vs The State Of Madhya Pradesh on 17 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4886
1 MCRC-6012-2026
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. 6012 of 2026
SANNI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anirudh Saxena advocate for the applicant.
Shri Surendra Gupta public prosecutor for State.
ORDER
1. This second 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.133 of 2025 registered at Police Station-
Nalkheda, District Agar Malwa(M.P.) for offence punishable under Sections
309(6), 310(2), 311 and 3(5) of the BNS, 2023. Applicant is in judicial
custody since 10.06.2025. His first bail application was dismissed as
withdrawn vide order dated 3.12.2025 passed in MCRC No. 54944/2025.
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 is falsely implicated
in the alleged offence on the basis of false recovery. The complicity of the
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applicant in the alleged offence is not established for the reason that the Test
Identification Parade was not conducted in the investigation. The applicant
has not committed the alleged offence. He did not participate in the dacoity.
The final report has been submitted on completion of investigation. Learned
counsel submits that as per the status report submitted by II Additional
Sessions Judge Agar Malwa verified by the Principal District Judge Agar
Malwa, the Presiding Officer was transferred on 14.11.2025. The Court is
vacant ever since. 32 Prosecution witness have been enlisted by the
prosecution. None of them is examined till date. Although the requisition for
posting of Session Judge is forwarded to the High Court, the Court is still
vacant. The trial would take time to conclude. There is no likelihood of
tampering with evidence by the applicant. Jail incarceration is causing
hardship to the applicant and the dependent family. 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. Learned counsel refers to six
criminal antecedents reported against the applicant as mentioned in the case
diary. Applicant is aged around 35 years, he is agriculturist by profession.
6. In reply, learned counsel for the applicant submits that the
applicant was acquitted in relation to crime Nos. 36/2017, 144/2013,
311/2017, 182/2006, 344/2006 and 3/2006. He has never been convicted. No
prosecution similar in nature is pending against the applicant.
7. According to the material available on case diary, Paras Soni and
his worker Durgesh Meena were returning home with jewellery, after closure
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of their shop on 23.05.2025, as they reached Jaiswal Colony in Nalkheda, a
Bolero Car intercepted their way. One assailant came out of the car and
snatched the bag of jewellery from Paras Soni. Another assailant assaulted
him with wooden stick. When he and Durgesh Meena cried for help, the
assailants assaulted them with wooden sticks and fled away with the bag
containing jewellery in their Bolero Car. On such allegation, the Police
Station Nalkheda registered FIR for offence punishable under Sections 311
and 3(5) of BNS, 2023. During investigation, applicant Sanni was
apprehended on 10.6.2025. Applicant Sanni informed that he, Vikram, and
Prem were conducting recce during the incident of dacoity. He was given
share of property looted by the co-accused. Silver ornaments were seized on
the joint disclosure of applicant. However, no Test Identification Parade to
identify applicant was conducted during investigation. The final report was
submitted on completion of investigation. Co-accused Vikram has been
extended benefit of bail vide order dated 3.12.2025 passed in MCRC No.
54912/2025. The veracity of prosecution, role and complicity of applicant
will be determined after evidence in the trial.
8. As informed, the applicant has responsibility of dependent
family. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of 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 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
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observations, herein-above, are recorded for present application only.
9. 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.
10. Accordingly, it is directed that applicant-Sanni 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 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 ।
11. 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.
12. The trial Court shall get these conditions reproduced on the personal
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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
BDJ
