[Cites 1, Cited by 0]
Madhya Pradesh High Court
Irfan vs State Of M P on 20 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:5283
1 MCRC-4347-2026
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. 4347 of 2026
IRFAN
Versus
STATE OF M P
Appearance:
Shri Khuzema Kapadia - Advocate for the applicant.
Shri Bhaskar Agrawal - Govt. Advocate for the respondent/State.
Shri Kunal Dewada - Advocate for the respondent [COMP].
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.630/2025 registered at Police Station- Badnagar,
District- Ujjain (M.P.) for offence punishable under Sections 318(4), 316 (2),
61(2) and 3(5) of the BNS, 2023 . Applicant is in judicial custody since
08.10.2025.
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 contends that it is a case of business transaction
and purely civil in nature. The complainant had executed an agreement
regarding renting the vehicle. No offence, as alleged, is committed by the
NEUTRAL CITATION NO. 2026:MPHC-IND:5283
2 MCRC-4347-2026
applicant. The final report has been submitted on completion of investigation.
There is no likelihood of tampering with evidence by the applicant. The trial
would take time to conclude. Jail incarceration is causing hardship to the
applicant and the dependent family. Applicant is ready to cooperate in the
trial
Per contra, learned counsel for the State, ably assisted by learned
counsel for the objector opposes the application on the gravity of the
offence. Learned counsel further refers to 09 criminal antecedents of the
applicant, as mentioned in the case diary. The applicant is aged around 32
years. He is a Driver by profession.
In reply, learned counsel for the applicant submits that applicant has
filed judgments of acquittal alongwith I.A. No. 1983/2026 and I.A. No.
2246/2026. Applicant was acquitted in Crime No. 131/2012, 729/2012,
394/2013, 182/2014, 205/2014, 799/2014, 250/2019, 246/2020, 21/2022. The
matters at Crime No. 135/2022 and 445/2025 are pending for trial. Applicant
has never been convicted for any offence.
As per the accusation on case diary, the applicant induced complainant
Sabir Khan to rent his vehicle to the accused Irfan. Later, applicant has
worked as Driver of Sabir Khan and took his vehicle bearing registration no.
MP 09 DL 7584. Applicant did not return the vehicle and fled away. On such
allegations P.S. Badnagar registered FIR for offence punishable u/S 318(4),
316(2), 61(2) and 3(5) of BNS, 2023 against the applicant. The final report
has been filed on completion of investigation. The contentions advanced by
the applicant have prima-facie merit and cannot be dismissed as manifestly
NEUTRAL CITATION NO. 2026:MPHC-IND:5283
3 MCRC-4347-2026
baseless. The veracity of the prosecution and complicity of the applicant in
the alleged offence will be considered after evidence in trial.
As informed, the applicant responsibilities of aged parents and
family. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of any previous conviction for any offence,
considering the socio-economic status of the applicant, there appears to be no
likelihood of recidivism or tampering with evidence or influencing the
witnesses by the applicant. The trial would take time to conclude. 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- Irfan 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. 1,00,000/-(Rupees
One Lac 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 sureties, 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;
NEUTRAL CITATION NO. 2026:MPHC-IND:5283
4 MCRC-4347-2026
(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 ।
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.
I.A. No(s). 1596/2026, 1597/2026, 1983/2026,1984/2026, 2031/2026,
2245/2026 and 2246/2026 stands disposed off.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
