[Cites 1, Cited by 0]
Madhya Pradesh High Court
Monika vs State Of Madhyapradesh on 20 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:5300
1 MCRC-7566-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 20 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 7566 of 2026
MONIKA
Versus
STATE OF MADHYAPRADESH
Appearance:
Ritu Raj Bhatnagar - Advocate for the petitioner [P-1].
Gaurav Rawat Ga appearing on behalf of Advocate General[r-1].
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. 19/2026 registered at Police Station - Ringnod, District Ratlam
(M.P.) for offence punishable under Sections 191(2), 190, 110,115(2), 296-A &
351(3) of BNS, 2023. Applicant is in judicial custody since 27.01.2026.
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 applicant has been falsely implicated in this case. It
is a case of false over implication, wherein all the family members have been
implicated. Minor oral altercation between the neighbours over professional
rivalry aggravated into physical scuffle. There is no specific allegation of assault
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by stone against the applicant. No offence, as alleged, is committed by the
applicant. The investigation is almost complete. Further custodial interrogation of
the applicant is not needed in the matter There is no likelihood of tampering with
evidence by the applicant. The trial would take time to conclude. Jail incarceration
on false accusation is causing hardship to the applicant. Applicant is ready to
cooperate in further investigation and the trial.
Per contra , learned Counsel for the State opposes the bail application on
the ground of gravity of alleged offence. Learned counsel refers to 01 criminal
antecedent against the applicant, as mentioned in the case diary. Applicant is aged
around 24 years. She is homemaker by profession.
In reply, learned counsel for the applicant submits that applicant was
acquitted in Crime NO. 301/2022. No prosecution is pending against the
applicant. She has never been convicted.
As per accusation on case diary, Pooja had an altercation with Kiran
Chouhan in the night of 18.01.20216. Kiran Chouhan and her associates including
the applicant pelted stones at Pooja, Dashrath, Leela Bai and Suman. They all have
sustained injuries. On such allegations, Police Station - Ringnod registered
FIR for offence punishable under Sections 190, 191(2), 110,115(2), 296A, 351(3)
of BNS, 2023 against Rahul, Kiran, Anish, Krish, Ajay, Sonu, Kiran, Aarti,
Monica(applicant), Neetu, Vinod, Arjun, Babulal and Mangilal. Injured Leela Bai,
Suman Kusum, Dinesh Sharma and Dashrath were forwarded for medico-legal
examination. On x-ray examination, fracture of jaw of Pooja and fracture of right
foot of Dashrath was revealed. Applicant Aarti was arrested on 27.01.2026. She is
in custody ever since. No incriminating material was seized at the instance of the
applicant. The contentions advanced by the applicant have prima-facie merit and
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cannot be dismissed as manifestly baseless. The veracity of the prosecution and
complicity of applicant will be considered on merit after evidence.
As informed, the applicant has family responsibilities. Considering these
aspects, there appears to be no possibility of fleeing from justice. In absence of
any substantial criminal past and previous conviction for any offence, there
appears to be no likelihood of recidivism or 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.
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 - Monica 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 as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the
concerned court;
(1) vkosfndk lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxhA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosfndk leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxhA
(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) vkosfndk izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku]
/kedh ;k opu ugha nsxh ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV
djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
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pressurize or threaten the witness;
(4) vkosfndk izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks
cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxhA
(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) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds
izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxhA
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/she had explained the conditions to
the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
