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Madhya Pradesh High Court
Kuldeep Bharti vs The State Of Madhya Pradesh on 2 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3233
1 MCRC-5027-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5027 of 2026
KULDEEP BHARTI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Yadav - Advocate for the applicant.
Shri Ayushyaman Choudhary GA for the State.
ORDER
1. This first application has been filed by applicant under Section 482
of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory bail in
connection with Crime No. 770 of 2025 registered at Police Station-
Chimanganj Mandi, Ujjain, District- Ujjain (M.P.) for offence punishable
under Sections 109(1), 115(2), 296, 351(3) and 3(5) of the BNS, 2023. The
applicant is apprehending his arrest in the matter.
2. Learned Counsel for the applicant in addition to the grounds
mentioned in the application, submits that applicant has been falsely
implicated in this matter. Minor altercation regarding business transaction
aggravated into armed scuffle between the parties, wherein all the family
members of Mahendra Bharati are implicated. It is a case of false over
implication. The applicant is not named in the FIR. Later, he is implicated on
the allegation of assault by fist flows. The injury caused to Sanjeev Sharma
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is not attributable to the applicant. He has not committed the alleged offence.
Learned counsel further submits that applicant enjoys good character and
social standing. The custodial interrogation of the applicant is not needed in
the matter. Jail incarceration on false accusation would cause hardship to the
applicant and his family. He is ready to cooperate in investigation.
Therefore, applicant may be extended the benefit of anticipatory bail.
3. Per contra, learned Counsel for the State opposes the bail
application on the ground of gravity of alleged offence. However, after
going through the case diary, he fairly states that no criminal antecedent is
reported against the applicant.
4. As per accusation on case dairy, Mahendra and his family
members went to catering shop of Bharat Sharma and abused him in filthy
language. One of family members assaulted him with wooden stick on hand.
When Sanjeev Sharma, father of Bharat Sharma intervened, Mahendra
assaulted Sanjeev Sharma with a sword on his head. Dhansingh tried to
intervene. Mahendra assaulted him also with the sword. Two family
members of Mahendra also assaulted them with kick and fist blows. On such
allegation, the Police Station - Chimanganj Mandi, Ujjain registered FIR for
offence punishable under Sections 109(1), 115(2), 296, 351(3) and 3(5) of
the BNS, 2023. There is general and omnibus allegation against the applicant
to participate in the quarrel. The veracity of the prosecution and complicity
of the applicant in the alleged offence will be considered on merit after
evidence.
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5. As informed, applicant is aged 18 years. He is student of B.Com.
First Year and is still dependent on family. Considering the age, profession
and status of the applicant, there appears to be no likelihood of fleeing from
justice or involving in any criminal activity. In absence of criminal
antecedent considering the socio-economic status of the applicant, there
appears to be no likelihood of tampering with the evidence, influencing the
witness or interfering in the investigation by the applicant. The incarceration
of applicant does not appear to be necessary for the purpose of investigation.
The grant of anticipatory bail to the applicant will not cause prejudice to free,
fair and full investigation. Considering his clean past, age, status and
responsibilities, the applicant may suffer hardship and prejudice due to
incarceration entailing social disrepute and humiliation. Considering the
overall circumstances of the case, but without commenting on merits of the
accusation, this Court is inclined to grant anticipatory bail to the applicant.
Thus, the application is allowed.
6. Accordingly, it is directed that in the event of arrest, applicant -
Kuldeep Bharti shall be released on bail in connection with Crime as
mentioned in the first paragraph of this order, upon furnishing a personal
bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with separate
solvent surety of the like amount to the satisfaction of the officer making
arrest/the Competent Court for compliance with the following
conditions: (For the convenience of understanding by accused and surety, the
conditions of bail are reproduced in Hindi as under):-
1) Applicant shall make himself available for investigation as may be directed
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by the Investigation Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgsxkA
(2) Applicant shall not commit or get involved in any offence.
(2) vkosnd dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA
(3) Applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosnd izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh
;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus
ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks
cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C/346 of the BNSS. regarding examination of witnesses in
attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la-@346
Hkkjrh; ukxfjd lqj{kk lafgrk ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA
9. This order shall be effective till the end of trial. However, in case
of breach of any of the preconditions of bail, the Trial Court may consider on
merit cancellation of bail without any impediment from this order.
10. The Investigation Officer /trial Court shall get these conditions
reproduced on the personal bond by the accused and on surety bond by the
surety concerned. If any of them is unable to write, the scribe shall certify
that he/she had explained the conditions to the concerned accused or the
surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
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