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Madhya Pradesh High Court
Kshitij Baghel vs The State Of Madhya Pradesh on 24 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:15978
1 MCRC-5403-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 24 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5403 of 2026
KSHITIJ BAGHEL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anand Nayak with Shri Akash Singhai - Advocate for the applicant.
Shri Amit Garg - Panel Lawyer for the respondent/State.
Shri Sunil Choubey - Advocate for the respondent/Objector.
ORDER
This is the third application filed by the applicant under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to
FIR/Crime No.269/2025 registered at Police Station- Keolari, District- Seoni
(M.P.) for the offence punishable under Sections 191(2), 191 (3), 324(g), 326(g)
and 3/5 of BNS, 2023. The applicant is in custody since 19.07.2025.
2. Applicant's first bail application was dismissed on merits vide order
dated 28.08.2025 passed in M.Cr.C. No.35501/2025 and second bail application
was dismissed as withdrawn vide order dated 14.11.2025 passed in M.Cr.C.
No.49958/2025.
3. Learned counsel for applicant has submitted that after investigation,
charge-sheet has been submitted and from that, it is clear that the date of incident
was 17.05.2025 and FIR was lodged on 20.05.2025. Name of this applicant has
not been mentioned in the FIR. On 03.06.2025, Avinash Parihar has given the
application regarding burning his shop. On 09.07.2025, the complaint was filed to
NEUTRAL CITATION NO. 2026:MPHC-JBP:15978
2 MCRC-5403-2026
add the names of the applicant and other persons.
4. Learned counsel for the applicant has further submitted that from the
CCTV footage, panchnama which is annexed with the case diary, it is clear that
the applicant was seen passing through the road and on that basis, it cannot be
assumed that he was involved in the offence. Trial will take time to be concluded,
hence, the applicant is entitled to be released on bail.
5. Learned counsel for the State has opposed the bail application and
submitted that in earlier bail application, all these factors were considered. In two
places, in CCTV footage, the presence of this applicant was found on the spot.
House and the shop of the victim was burnt. Independent witnesses have also
supported the fact that the applicant was involved in the offence, hence, no case of
bail is made out and the applicant is not entitled to be released on bail.
6. Learned counsel for the objector has also supported the prosecution and
submitted that the applicant has not given any explanation for his presence on the
spot, hence, the applicant is not entitled to be released on bail.
7. Heard the parties and perused the case diary.
8. The FIR was lodged on 20.05.2025 stating that on 17.05.2025, at 9:30
am, 30-40 persons have burnt the shop of the complainant, named as Daily Needs
and Khoba Bhandar and complainant has named 25-30 persons stating that they
have broken the lock of his shop and set that into fire. The dairy products and cash
of Rs.1,80,000/- was burnt.
9. Looking to the factual aspects of the case and without much going on the
merits of the case, as the charge-sheet has been submitted, in CCTV footage, it
has been stated that at 10:19 hours, this applicant was seen near the spot wearing a
green colour t-shirt, nowhere, it has been mentioned that the applicant was having
NEUTRAL CITATION NO. 2026:MPHC-JBP:15978
3 MCRC-5403-2026
any arms, ammunition or was burning the shop, only passing near the spot cannot
be said that the applicant had committed any offence, coupled with the fact that
trial will take time to be concluded, this Court deems it appropriate to release the
applicant on bail. Thus, without commenting anything on the merits of the case,
the application is allowed.
10. It is directed that the applicant shall be released on bail on his
furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only)
with one surety in the like amount to the satisfaction of the trial Court concerned
for his appearance before the concerned Court on all such dates as may be fixed
by that Court in this regard during the pendency of trial.
11. It is further directed that the applicant shall comply with the provisions
of Section 480(3) of BNSS.
12. Accordingly, this M.Cr.C. stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
AT
