Chotu Singh vs The State Of Madhya Pradesh
2026 Latest Caselaw 1912 MP

Citation : 2026 Latest Caselaw 1912 MP
Judgement Date : 23 February, 2026

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Madhya Pradesh High Court

Chotu Singh vs The State Of Madhya Pradesh on 23 February, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

          NEUTRAL CITATION NO. 2026:MPHC-GWL:6845




                                                            1                             MCRC-8939-2026
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 23rd OF FEBRUARY, 2026
                                            MISC. CRIMINAL CASE No. 8939 of 2026
                                                     CHOTU SINGH
                                                         Versus
                                             THE STATE OF MADHYA PRADESH
                          Appearance:
                                  Shri Shelendra Singh Gurjar - Advocate for applicant.

                                  Ms Kalpana Parmar - Public Prosecutor for respondent/State.

                                                                ORDER

This is second bail application under Section 483 of BNSS filed by the applicant for grant of bail. His earlier bail application was dismissed as withdrawn with liberty to renew his prayer after recording the court statement of the victim vide order dated 02.02.2026 passed in M.Cr.C. No.4254 of 2026 by this Court.

The applicant has been arrested on 14.12.2025 in connection with Crime No.20/2025 registered at Police Station Bhawarpura District Gwalior

for offences under Sections -115(2), 351(2), 296, 118(1), 3(5) added Section 118 (2) of BNS.

The allegation against the applicant is that he alongwith co-accused persons, with the intention of committing an offence at the complainant's residence, arrived armed with a sharp-edged axe (farsa) and sticks (lathis) and committed an assault, during which present applicant Chhotu Gurjar

NEUTRAL CITATION NO. 2026:MPHC-GWL:6845

2 MCRC-8939-2026 struck the complainant on the head with the axe, as a result of which the complainant sustained grievous injuries in the nature of fractures of the left frontal bone, left temporal bone, and left parietal bone.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the complainant, namely Manoj Gurhar, has already been examined before the learned Trial Court on 13.02.2026 and he has not supported the prosecution case. Thus, the principal/star witness having turned hostile, the very substratum of the prosecution case stands considerably weakened. Learned counsel further submits that the applicant has been in judicial custody since 14.12.2025. The trial is likely to take a considerable period of time for its conclusion, and continued incarceration of the applicant would serve no

fruitful purpose. It is also submitted that there is no likelihood of the applicant absconding or tampering with the prosecution evidence. The applicant is a law-abiding citizen and undertakes to abide by any terms and conditions that may be imposed by this Hon'ble Court. In view of the facts and circumstances stated hereinabove, it is most humbly prayed that this Hon'ble Court may be pleased to grant the benefit of bail to the present applicant.

Per contra, learned counsel for the State vehemently opposed the prayer and prayed for rejection of present bail application.

Heard counsel for the parties and perused the case diary. Taking into account the overall facts and circumstances of the case, the arguments advanced by learned counsel for the parties coupled with the fact

NEUTRAL CITATION NO. 2026:MPHC-GWL:6845

3 MCRC-8939-2026 that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any 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) with one local solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself 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 facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;