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Madhya Pradesh High Court
Nabab 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:6750
1 MCRC-8539-2026
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. 8539 of 2026
NABAB SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manoj Kumar Dwivedi - Advocate for the applicant.
Shri Mohit Shivhare - Public Prosecutor for the State.
ORDER
This is the second application under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (BNSS) filed by the applicant for grant of
bail. His first bail application was dismissed as withdrawn with liberty to
revive afresh after filing of challan vide order dated 05.01.2026 passed by
this Court in M.Cr.C. No.450 of 2026.
The applicant has been arrested on 19.12.2025 in connection with
Crime No.17/2025 registered at Police Station Daboh, District Bhind for
offences punishable under Sections 296,115(2), 118(2), 351(3), 3(5) of BNS,
2023.
As per prosecution story, when coaccused Gahendra Singh Kaurav had
constructed a hut on the agricultural field of the complainant Harwan Singh
Baghel, the complainant questioned Mahendra Singh on 09.02.2025 at about
2:30 PM as to why the hut had been constructed on his field. Thereupon,
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Mahendra Singh's associates Jabar Singh Kaurav, Mahipal Singh, and
Nawab Singh Kaurav (present applicant) also arrived at the spot. The
accused persons abused the complainant party by hurling filthy and obscene
abuses. When the complainant party objected to the abuses, the accused
persons assaulted them with deadly weapons, namely, an axe and lathis
(sticks). As a result, the complainant's brother Jaswant sustained an axe
injury on his head; the complainant Harwan Singh Baghel sustained a lathi
injury on his head; the complainant's mother Gauri Bai sustained an axe
injury on her head and the complainant's daughter Shivani sustained injuries
on her body caused by lathis. The accused persons also threatened them with
death. Thereafter, the complainant, along with his mother Gauri Bai, brother
Jaswant, and daughter Shivani, went to Police Station Daboh and lodged a
report. On the basis of the said report, at Police Station Daboh, First
Information Report was registered as Crime No. 17/2025 under Sections 296,
115(2), 118(2), 351(3), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), and
the matter was taken up for investigation. The applicant was arrested on
19.12.2025.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case due to previous enmity
and land dispute between the parties. It is contended that the applicant has
not committed any offence as alleged and that his name has been roped in
merely on the basis of omnibus and general allegations without any specific
overt act attributed to him. There is no specific allegation that the present
applicant caused any injury to any of the injured persons, and no recovery of
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any weapon has been made from his possession. It is further submitted that
the applicant was not present at the spot at the time of the alleged incident
and has been implicated only because he belongs to the same family as the
other co-accused persons. The prosecution story is exaggerated and
concocted, and the injuries alleged to have been sustained are said to be
simple in nature. Learned counsel further submits earlier bail application
filed by the applicant was dismissed as withdrawn vide order dated
05.01.2026 passed by this Court in M.Cr.C. No.450 of 2026 with liberty to
revive afresh after filing of challan. It is also submitted that the investigation
is complete, the charge-sheet has been filed, and further custodial
interrogation of the applicant is not required. The applicant has been in
custody since 19.12.2025 and the rial is likely to take a considerable period
of time to conclude and the continued incarceration of the applicant would
amount to pre-trial punishment. The applicant undertakes to fully cooperate
with the trial proceedings and abide by all conditions imposed by this Court.
There is no likelihood of the applicant absconding, tampering with the
prosecution evidence, or influencing the witnesses in any manner. In view of
the aforesaid facts and circumstances, it is prayed that this Court may be
pleased to enlarge the applicant on bail in the present case.
Per contra, the learned Public Prosecutor has vehemently opposed the
present application and prayed for its rejection looking to the nature and
gravity offence.
Heard learned counsel for the parties and perused the case diary.
Having regard to the overall facts and circumstances of the case, the
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arguments advanced by learned counsel for the parties and the changed
circumstance coupled with the fact that the trial is not likely to conclude in
the near future, and keeping in view that prolonged pre-trial incarceration is
anathema to the concept of personal liberty, this Court is inclined to extend
the benefit of bail to the applicant. Accordingly, without commenting on
merits of the case, this bail application is allowed. It is directed that the
applicant be released on bail on furnishing a personal bond in the sum of
Rs.50,000/- (Rs. Fifty Thousand Only) with one local solvent surety in the
like amount to the satisfaction of the concerned trial Court for his appearance
before it on the dates given by the concerned Court, 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;
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5. The applicant will not seek unnecessary
adjournments during the trial; and
6. The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
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