Citation : 2026 Latest Caselaw 2013 MP
Judgement Date : 25 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:5626
1 MCRC-5071-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 25th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5071 of 2026
SAMANDAR CHOUDHARY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Mini Ravindran - Advocate for the applicant.
Shri Hemant Sharma - Government Advocate for the respondent/State.
ORDER
1. They are heard. Perused the case diary/challan papers.
2. This is the applicant's first application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (Section 439 of Criminal Procedure Code, 1973), as he is implicated in connection with Crime No.281/2025 registered at Police Station - Kanvan, District Dhar (MP) for offence punishable under Section 126(2), 191(2), 191(3), 190, 109, 324(4), 115(2), 117(2) of Bhartiya Nyay Sanhita, 2023 and Section 25(2) of the Arms Act. The applicant is
lodged in jail since 30.7.2025.
3. As per the prosecution case, on 15.7.2025 complainant Nilesh was going in his Brezza Car No.MP09-AE-5378 to his village Chhokhurd, at around 11.00 PM in the night when he reached in front of the Gumti of Sanjay in the village, Samdar Choudhary took his Tractor and dashed the car of complainant. Thereafter Sanjay, Bagdiram, Jitendra @ Chhotu, Ishwar,
NEUTRAL CITATION NO. 2026:MPHC-IND:5626
2 MCRC-5071-2026 Shubham, Karan, Badhi, Kailash and Mahesh came there armed with sword, Farsa, iron rod and Lathi and abused the complainant and attacked on his car. In the incident complainant suffered injuries on various parts of the body, he was taken to Vishesh Jupitar Hospital, Indore for treatment. Accordingly the offence has been registered against the present applicant and other co- accused persons.
4. Counsel for the applicant has submitted that the injured has already been examined in the trial Court and he has not supported the case of the prosecution. She has further submitted that the compromise has also taken place between the parties. Applicant is in jail since 30.7.2025 and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and applicant be released on bail.
5. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out.
6. Having considered the rival submissions and on perusal of the case diary and looking to the statement of the injured and the fact that final conclusion of the trial is likely to take sufficient long time, in the considered opinion of this Court, the applicant's application deserves to be allowed.
7. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety of 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
NEUTRAL CITATION NO. 2026:MPHC-IND:5626
3 MCRC-5071-2026 court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
8. However, it is directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the trial Court itself, which shall decide the same in accordance with law.
9. M.Cr.C. stands allowed.
(SUBODH ABHYANKAR) JUDGE
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