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Madhya Pradesh High Court
Ankit Sharma vs The State Of Madhya Pradesh on 26 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:7518
1 MCRC-9671-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 26th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 9671 of 2026
ANKIT SHARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Trishant Mishra - Advocate for the applicant.
Ms Anjali Gyanani - GA for the respondent/State.
ORDER
This is first bail application under Section 483 of BNSS filed by the
applicant for grant of bail.
The applicant is in custody since 14.02.2026 in connection with Crime
No.09/2026 registered at Police Station Crime Branch, District Gwalior, for
the offences punishable under Section 25 of the Arms Act.
As per the prosecution case, on 14.02.2026 in the evening, secret
information was received that Shivam Tiwari of Morena, along with his
friend Ankit Sharma, was coming on a motorcycle near the Gwalior-Jhansi
Bypass, Suro Behta bridge, on a kaccha road, for the purpose of illegal arms
trafficking. The information was conveyed to senior officers, and upon
verification, the police party reached the spot. On seeing the police, the two
persons present attempted to flee but were apprehended. On inquiry, one
disclosed his name as Shivam Tiwari. A search of his backpack allegedly
NEUTRAL CITATION NO. 2026:MPHC-GWL:7518
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resulted in the recovery of five .32 bore pistols with magazines and five
additional magazines--three pistols having black plastic grips with a star
mark and two with brown plastic grips. The other person disclosed his name
as Ankit Sharma. Upon his search, one .32 bore country-made pistol with a
magazine was allegedly recovered from the left side of his waist, along with
a Vivo mobile phone and a Royal Enfield motorcycle. Both failed to produce
any licence for the firearms. The weapons were seized in accordance with
law, and Crime No. 09/26 was registered at the Crime Branch under Section
25 of the Arms Act. The applicant was arrested and sent to judicial custody.
Learned counsel for the applicant submits that the applicant is innocent
and has not committed any offence as alleged. It is contended that the
applicant is a student who is doing graduation at S.I.T. College in Morena,
whose examinations are going to start very soon. It is also submitted that the
conclusion of the trial is likely to take a considerable period of time.
Continued incarceration of the applicant during the pendency of the trial
would cause undue hardship and prejudice. The applicant is a permanent
resident of District Morena and there is no likelihood of his absconding or
tampering with the prosecution evidence. The applicant undertakes to
cooperate with the trial proceedings and abide by any condition that may be
imposed by this Court. In view of the aforesaid facts and circumstances of
the case, it is prayed that this Court may kindly be pleased to enlarge the
applicant on bail.
Per contra, learned counsel for the State has vehemently opposed the
bail application and prayed for its rejection.
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Taking into account the overall facts and circumstances of the case, the
arguments advanced by learned counsel for the parties coupled with the fact
that the trial is not likely to conclude in near future and prolonged pre- trial
detention being an anathema to the concept of liberty, this Court is inclined
to extend the benefit of bail to the applicant.
Accordingly, 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) with one solvent surety of the like amount to the satisfaction
of the trial Court/committal Court for his appearance on the dates given by
the concerned Court.
This order will remain operative 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.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
