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Madhya Pradesh High Court
Neeraj @ Lalwa Varma vs The State Of Madhya Pradesh on 27 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:17200
1 MCRC-9830-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE HIMANSHU JOSHI
ON THE 27th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 9830 of 2026
NEERAJ @ LALWA VARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vijay Kumar Shukla - Advocate for the applicant.
Ms. Manisha Singh - PL for the respondent-State.
ORDER
This is the first petition filed by the applicant under Section 528 of
Bhartiya Nagrik Suraksha Sanhita, 2023 for challenging the impugned order
dated 24.01.2026 whereby the learned First Additional Sessions Judge,
Sihore, in Cr.R.No.12/2026 has uphold the order dated 15.01.2026 passed by
the Learned Judicial Magistrate First Class, Icchawar District Sihore in RCT
No.184/2025 rejecting the bail application of the applicant filed under
Section 437(6) of Cr.P.C/ Section 480 of BNSS, 2023.
2. Learned counsel for applicant has submitted that the applicant was
arrested on 05.08.2025. Charge-sheet for the offence punishable under
Section 331(4) & 305 of BNS was submitted on 18.09.2025. Charges against
the applicant were framed by the trial Court on 30.10.2025. First date for
recording of prosecution evidence was fixed on 31.11.2025 but till today, the
prosecution has not concluded the trial.
3. Learned counsel for the applicant has relied upon the judgment
NEUTRAL CITATION NO. 2026:MPHC-JBP:17200
2 MCRC-9830-2026
passed in the case of Devraj Maratha @ Dillu vs. State of M.P. reported in
(2018) SCC OnLine MP 151 and submitted that though it is not infeasible
right of the accused to be released on bail, if the trial is not concluded within
60 days from the first date fixed for prosecution evidence but allegation
levelled against the applicant and his conduct are also to be seen.
4. Learned counsel for the applicant has been falsely implicated in the
case. The applicant has no criminal record. The applicant is in custody for
more than 6 months and trial is not concluded within 60 days from the first
date when the case was fixed for recording of prosecution evidence. The trial
Court and the Revisional Court without considering the said fact have
dismissed the bail application filed under Section 480(6) of BNSS, 2023.
Hence, the applicant be released on bail .
5. Learned counsel for the State has opposed the bail application and
has submitted that looking to the gravity of offence, the applicant is not
entitled to be released on bail. Hence, the bail application of the applicant be
dismissed.
6. Heard the learned counsel for both the parties and perused the order
passed by this Court in the case of Devraj Maratha @ Dillu
(supra) particularly in Para-22.
7. After perusing the orders of both the Courts, it is clear that the
applicant is charged for the offence punishable under Section 331 (4) & 305
of BNS but it is also clear that the applicant is in custody since 05.08.2025,
which is more than 6 months and the case is non-bailable but triable by the
Judicial Magistrate First Class and the applicant is in custody since then and
NEUTRAL CITATION NO. 2026:MPHC-JBP:17200
3 MCRC-9830-2026
at the time of passing of the order, only three prosecution witnesses were
examined. The purpose behind the legislation under Section 480(6) of the
BNSS is that the cases triable by the Magistrate, the person should not be
kept behind the bars for inordinate delay when the prosecution is itself not
conducting the trial expeditiously and also to balance the effect of the crime
in the society and to protect the right of an individual. No doubt, the right
provided under Section 480(6) of the BNSS is a mandatory and it is a
discretionary but looking to factual aspect and the prosecution itself is not
producing the witnesses before the trial Court, the applicant is not liable to
be kept behind the bars.
8. Looking to the nature of the offence, this petition is allowed.
9. It is directed that 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.
10. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
11. Accordingly, this M.Cr.C. stands disposed of.
Certified copy as per rules.
(HIMANSHU JOSHI)
JUDGE
mn
