Citation : 2026 Latest Caselaw 2094 MP
Judgement Date : 26 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:7473
1 MCRC-9699-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 26 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 9699 of 2026
DILEEP
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Rahul Bansal - Advocate for the applicant.
Mr. Dinesh Savita - Govt. Advocate for respondent/State.
ORDER
This is the second application filed by the applicant under Section 483 of B.N.S.S. for grant of bail. The applicant has been arrested in connection with Crime No.70/2025 registered at Police Station - Gaswani, District - Sheopur (M.P.) for the offence under Sections 309(4) of BNS and Section 11/13 of MPDVPK Act and Section 25, 27 of Arms Act. His first bail application was dismissed as withdrawn vide order dated 29.01.2026 passed in M.Cr.C. No.4567 of 2026.
2. According to the prosecution's case, on 20.11.2025 the complainant
Angad Dhakad gave an oral information to the Police Station Gaswani that on the date of incident i.e. 19.11.2025 at about 11 am, he had gone alone to the forest from his village Budhera to graze his 12 buffaloes, while he was grazing the Buffaloes, the co-accused Dhani Gurjar and Lakhan Gurjar came with guns and the accused Dilip Gurjar was there with a stick and they threatened him and later on, Dhani and Bharat took away the buffaloes from him at gun point and sent him away from there. On the basis of aforesaid information, aforesaid crime was
NEUTRAL CITATION NO. 2026:MPHC-GWL:7473
2 MCRC-9699-2026 lodged.
3. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated. He is in custody since 25.12.2025. Investigation is likely to be completed, therefore, there is no requirement of further custodial interrogation of the applicant. The seized buffaloes were not recovered from the possession of the present applicant. It is further submitted that co-accused Bharat has already been allowed by this Court vide order dated 23.02.2026 passed in M.Cr.C. No.5988 of 2026, therefore, he seeks parity. Trial is likely to take long time to conclude. Applicant is the permanent resident of District - Gwalior (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence, if released on bail.
4. On the other hand, the learned State counsel has vehemently opposed the
bail application and prayed for its rejection on the ground that he is having criminal antecedent of one case.
5. Heard learned counsel for the rival parties and perused the case diary.
6. Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case so also the fact that co- accused has already been granted bail, but 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) along with one solvent surety in the like amount to the satisfaction of the trial Court/Committal Court.
7. This order will remain operative subject to compliance of the following conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the bond
NEUTRAL CITATION NO. 2026:MPHC-GWL:7473
3 MCRC-9699-2026 executed by him/her;
ii) The applicant will cooperate in the investigation /trial, as the case may be;
iii) The applicant will not indulge himself /herself 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 acts to the Court or to the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat the offence in future. In case offence of same nature is repeated, this bail order shall automatically stand cancelled;
v) The applicant will not seek unnecessary adjournments during the trial; and
vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8. E- copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
(RAJESH KUMAR GUPTA ) JUDGE
(LJ*)
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