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Madhya Pradesh High Court
Bhawar vs The State Of Madhya Pradesh on 17 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4857
1 MCRC-5178-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 17 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5178 of 2026
BHAWAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Durgesh Patidar - Advocate for the applicants.
Shri Bhaskar Agrawal - Govt. Advocate for respondent/State.
ORDER
1. This first application has been filed by applicants under Section 483 of
Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection
with Crime No. 851 of 2025 registered at Police Station- Station Road, District-
Ratlam (M.P.) for offence punishable under Sections 115(2), 296, 351(3) and 3(5)
of the BNS, 2023. The Applicants are in judicial custody since 13.1.2026.
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 applicants in addition to the grounds mentioned
in the application submits that daughter of Bhawar eloped with Prahlad S/o
Kanhaiyalal. Prahlad was uploading photographs of daughter of Bhawar on social
media. Applicants went to advise Prahlad and his parents not to indulge in such
unacceptable activities. There was an altercation between the parties. During
scuffle Kanhaiyalal fell down and sustained injury on his nose. False allegation of
assault is levelled against the applicants. The alleged offence is not committed by
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the applicants. The final report has been submitted on completion of investigation.
Applicants have clean past with family roots, property and employment. There is
no history of evading process of law. There is no likelihood of tampering with
evidence by the applicants. The trial would take time to conclude. Jail
incarceration is causing hardship to the applicants and the dependent family.
Applicants are 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, after going through the case diary,
he fairly states that no criminal antecedent is reported against the applicants.
Applicants are aged around 42, 26 & 33 years respectively. They are labourer by
profession.
6. As per the accusation on record, Ramchandra and Dashrath abused
Kanhaiyalal, Reshambai and Ramlal in the night of 20.10.2025 over taking up
their daughter by Prahlad. Dashrath assaulted Reshambai with fist blows.
Kanhaiyalal tried to intervene. Ramchandra assaulted Kanhaiyalal with an iron
strip on his forehead. Bhawar also joined the quarrel and assaulted Kanhaiyalal,
Reshambai and Ramlal. Shantilal tried to rescue, Dashrath assaulted Shantilal with
iron strip. On such allegation P.S - Station Road registered an FIR for the offence
under Sections 115(2), 296, 351(3) and 3(5) of BNS, 2023. Kanhaiyalal sustained
multiple fractures on his nose and frontal sinus, therefore, prosecution for offence
punishable under Section 118(2) of BNS was added. The final report has been
submitted on completion of investigation. The contentions advanced by learned
counsel for the applicants have prima facie merit and cannot be dismissed as
manifestly baseless. The veracity of prosecution and intention of the applicants in
the alleged offence will be determined after evidence in the trial.
7. As informed, the applicants have family responsibilities. Considering
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these aspects, there appears to be no possibility of fleeing from justice. In absence
of previous conviction for any offence, considering the socio-economic status of
the applicants, there appears to be no likelihood of tampering with evidence or
influencing the witnesses by the applicants. There appears to be no compelling
reason to continue incarceration of the applicants. 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 applicants on bail. Thus, the application is allowed.
9. Accordingly, it is directed that applicants - Bhawar S/o. Thawarji,
Dashrath S/o Gangaram and Ramchandra S/o. Juvan 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 50 ,000/- (Rupees Fifty Thousand only)
each with one surety of the same amount each 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) Applicants shall remain present on every date of hearing as may be directed by the concerned
court;
(1) आवेदकगण संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहगे ।
(2) Applicants shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं ह गे ।
(3) Applicants 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) आवेदकगण 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 ह ।
(4) Applicants shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
( 4 ) आवेदकगण 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 ं करगे ।
(5) During trial, the applicants shall ensure due compliance of provisions of Section 309 of
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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 आवेदकगण धारा ३०९ दं . .सं. / ३४६ भारतीय
नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगे
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 had explained the conditions to the
concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
SS/-
