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Madhya Pradesh High Court
Dinesh Kushwah vs The State Of Madhya Pradesh on 20 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:6621
1 MCRC-53428-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 20th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 53428 of 2025
DINESH KUSHWAH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Prashant Sharma - Advocate for the applicant.
Shri Atul Kumar Sharma - PP for the State.
ORDER
This is the third application filed by the applicant under Section 483 of
B.N.S.S. for grant of bail. The applicant has been arrested in connection with
Crime No.19/2025 registered at Police Station - Baghchini, District -
Morena(M.P.) for the offence under Sections 115(2), 296, 351(3) and 103(1) of
BNS. Earlier two bail applications have been dismissed as withdrawn by
this Court.
2. As per the story of prosecution, the applicant committed marpeet with
the complainant and the deceased. The present applicant assaulted the
complainant and the deceased by means of wooden stick, due to which Narendra
Singh sustained injuries and later on died. Therefore, the aforesaid offence has
been registered.
3 . Learned counsel for the applicant submitted that applicant is innocent
and has been falsely implicated. Applicant is in custody since 15.02.2026.
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Investigation is almost over. No custodial interrogation is required. Conclusion of
the trial will take sufficiently long time. It is primarily argued that at the time of
the alleged incident, MLC was conducted and as per MLC report, the deceased
had sustained only simple injuries which could not result in death. But,
subsequently, the deceased died. Therefore, the alleged injuries caused by the
present applicant, cannot be said to have been cause of death.
4. It is further argued, the application has been suffering confinement since
15.02.2025, which is of almost one year and in the last one year only one witness
has been examined by the trial court. There are total 16 prosecution witnesses and
they are not turning up for deposition. Despite issuance of arrest warrants of the
prosecution witnesses, there is no progress in trial. The application is suffering
pretrial detention for last almost one year. No recovery has been made from the
present applicant.. Applicant is the permanent resident of district Morena (M.P.).
and there is no possibility of his absconsion or tampering with the prosecution
evidence, if released on bail. The applicant shall abide by all the conditions which
may be imposed by this Court. Therefore, prays for grant of bail.
5. On the other hand, learned State counsel vehemently opposed the bail
application and prayed for its rejection by submitting that there are sufficient
material available on record against the present applicant. The applicant died to
complications in the injuries caused by the present applicant over the head of the
deceased. Hence, he does not deserve bail.
6 . Heard learned counsel for the rival parties and perused the case diary.
7 . Considering the above submissions made by the counsel for the parties
and looking to the facts and circumstances of the case, but without expressing any
NEUTRAL CITATION NO. 2026:MPHC-GWL:6621
3 MCRC-53428-2025
opinion on merits of the case, this application is allowed and it is directed that the
applicant be released on bail on furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) along with one surety in the like
amount to the satisfaction of the trial Court/Committal Court.
8. This order will remain operative subject to compliance of the following
conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the bond
executed by him/her;
ii) The applicant will cooperate in the investigation /trial, as the case may
be;
iii) The applicant will not indulge himself /herself in extending
inducement, threat or promise to any person acquainted with the facts of the case
so as to dissuade him/her from disclosing such acts to the Court or to the Police
Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat the
offence in future. In case offence of same nature is repeated, this bail order shall
automatically stand cancelled;
v) The applicant will not seek unnecessary adjournments during the trial;
and
vi) The applicant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
8. Application stands allowed and disposed of.
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9. The trial court is directed to conclude the trial within a period of three
months from the date of passing of this order.
10. Registry is directed to send a copy of this order to the trial court for
necessary compliance and the matter be placed before this Court along with PUD
in this regard.
(RAJESH KUMAR GUPTA )
JUDGE
Vishal
