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Madhya Pradesh High Court
Hariprasad Soni vs The State Of Madhya Pradesh on 24 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:15693
1 MCRC-8108-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 24th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 8108 of 2026
HARIPRASAD SONI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Utkarsh Patel - Advocate for the applicant.
Shri K.S. Baghel - Government Advocate for the State.
ORDER
This is first application filed by the applicant under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to
FIR/Crime No.262/2025 registered at Police Station - Khitola, Sihora,
District - Jabalpur for the offences punishable under Sections 254, 310 (2),
310 (4), 311, 317 (3), 331 (5), 332 (B) and 61 (2) of the BNS and Sections
25, 27 and 35 of the Arms Act. Applicant is in detention since 23.09.2025.
2. As per prosecution, 169 grams gold which was allegedly looted
from the Bank, has been recovered from the possession of the present
applicant.
3. The counsel for the applicant submits that the applicant is
innocent and he has been falsely implicated in the case. The applicant is a
goldsmith and he is running a gold ornament shop. No ornament looted from
the bank has been recovered from his possession. In fact molten gold biscuits
have been recovered from the applicant which belong to his gold of his
NEUTRAL CITATION NO. 2026:MPHC-JBP:15693
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shop. He has no criminal antecedent. It is further contended that the alleged
incident had taken place on 11.08.2025 and recovery in question was done
on 23.09.2025 that too from residence of the present applicant. Three other
co-accused persons who have alleged to have committed robbery by
wearing mask have already been released on bail. The present applicant is in
custody since 23.09.2025 and charge sheet has been filed and no custodial
confinement of the present applicant is required. Trial will take considerable
time to conclude, therefore, the applicant be released on bail.
4 . Per contra, counsel for the State has opposed the application and
prays for rejection of the bail application. It is further submitted by him that a
large amount of gold looted from the bank has been recovered from
possession of the present applicant. The applicant belongs to State of Bihar
and the applicant is in contact with other accused persons who also belong to
Bihar. Thus, the applicant has played active role in commission of crime in
question.
5. Heard the submissions and perused the case diary.
6. The applicant is a goldsmith and he is running a shop of gold
ornament. He has no criminal antecedent. No gold ornaments looted from the
bank has been recovered from the possession of the applicant but gold
biscuit of 169 grams have been recovered which cannot be said to an
exception as the applicant is a gold smith and running a shop of gold
ornaments. There is no specific details indicating that the gold recovered
from the applicant is part of looted. Therefore, considering the fact that the
applicant is in custody since 23.09.2025 coupled with the fact that trial will
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take a considerable time as well as principle 'bail is the rule and jail is the
exception' without expressing any view on the merits of the case, I deem it a
fit case to release the applicant on bail. Therefore, the application is allowed.
7. It is directed that applicant be released on bail on his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with
one solvent surety in the like amount to the satisfaction of the trial Court, for
his regular appearance before the trial Court during trial with a condition that
he shall remain present before the concerned Court on all the dates fixed by
it during trial. He shall abide by all the conditions enumerated under Section
480(3) of BNSS, 2023. It is further directed that the applicant shall mark his
presence before the concerned police station on Monday of every first week
of the month during trial.
8. He shall not involve himself in any criminal activity. This order shall be
effective till the end of the trial. However, in case of bail jump and breach of
any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(SANDEEP N. BHATT)
JUDGE
ks
