[Cites 5, Cited by 0]
Madhya Pradesh High Court
Kamalbhai B. Patel vs The State Of Madhya Pradesh on 12 January, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:783
1 MCRC-54348-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 12th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 54348 of 2025
KAMALBHAI B. PATEL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Santosh Kumar Meena - Advocate for the applicant.
Shri Aditya Garg GA for the State.
ORDER
1. This third application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 1255 of 2016 registered at Police Station-
Mahakal, Ujjain, District- Ujjain (M.P.) for offence punishable under
Sections 302, 147, 148, 149 of the IPC. Applicant is in judicial custody since
26/01/2025.
2. Applicant's first bail application was dismissed on merit vide
order dated 25/04/2025 passed in MCRC no. 12533 of 2025, with a liberty to
revive his prayer after examination of eye witness Ravi before the trial Court.
His second bail application was dismissed as withdrawn vide order order
dated 09/09/2025 passed in MCRC no. 30311 of 2025, with a liberty to
renew the prayer after examination of Ravi, eye-witness of last seen
circumstance, before the trial Court. The complainant Virendra Thakur
NEUTRAL CITATION NO. 2026:MPHC-IND:783
2 MCRC-54348-2025
[PW-1] and eye-witness of "last seen together" Ravi Thakur [PW-2] have
been examined.
4. Heard the arguments.
5. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
6. Learned counsel for the applicant in addition to the grounds
mentioned in the application submits that the applicant is falsely implicated
in the alleged offence. The case is based on circumstantial evidence. The
applicant is implicated merely on suspicion and the allegations that he was
seen along with other co-accused near the place of incident by Ravi Thakur,
but the other co-accused have been acquitted by the trial Court vide
judgment dated 25/01/2020 passed in S.T. no. 189 of 2017 by the Sessions
Judge, Ujjain on same set of evidence. No incriminating material connecting
the applicant with the alleged offence was seized at the instance of applicant.
The applicant had no knowledge about prosecution against him. The final
report has been submitted on completion of evidence. Applicant has clean
past, with family roots, property and employment. There is no likelihood of
tampering with evidence by the applicant. Jail incarceration is causing
hardship to the aged applicant. Applicant is ready to cooperate in the trial.
There is no allegation of organized crime constituting threat to national
security or general public.
7. Per contra, learned counsel for the State opposes the 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
NEUTRAL CITATION NO. 2026:MPHC-IND:783
3 MCRC-54348-2025
the applicant. Applicant is aged 55 years. He is businessman by profession.
8. According to the accusation on case diary, Ravi Thakur found
dead body of his uncle Kailash in the morning of 16/12/2016. The dead body
of Kailash was forwarded for postmortem examination. The Medical Officer
opined that deceased Kailash died due to profuse hemorrhage as a result of
stab incised injury. Ravi Thakur informed that when he was returning home
in the morning of 15/12/2016, he saw Omkar, Indar, Gopal, Kamal and Sonu
near the place of incident. He had further seen Gopal and Sonhu escaping on
motorcycle and their clothes of blood stain. Accordingly, Gopal, Indar and
Omkar were arrested. The wooden sticks and clothes were seized at the
instance of the accused persons. The final report was submitted on
completion of investigation against Gopal, Indar and Omkar. The
investigation was pending against other absconding accused persons. The
applicant was arrested on 26/01/2025 in compliance with the permanent
warrant of arrest issued by the trial Court. He is in custody ever since. The
supplementary final report was submitted against the applicant. The trial is
under way. Brother of complainant Virendra Thakur [PW-1] and the sole eye
witness of last seen circumstances Ravi Thakur [PW-2] have been examined.
The contentions advanced by the applicant have prima-facie merit and
cannot be dismissed as manifestly baseless.
9. As informed, the applicant has the responsibility of young
children. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of any criminal antecedent, considering the
socio-economic status of the applicant, there appears to be no likelihood of
NEUTRAL CITATION NO. 2026:MPHC-IND:783
4 MCRC-54348-2025
recidivism or tampering with evidence or influencing the witnesses by the
applicant. There appears to be no compelling reason to continue
incarceration of the aged applicant. However, the observations, herein-above,
are recorded for present application only.
10. Considering the rival contentions and overall circumstances of
the case, in the light of aforestated facts, but without commenting on the
merits, this Court is inclined to release the applicant on bail. Thus, the
application is allowed.
11. Accordingly, it is directed that applicant- Kamal Bhai B. Patel shall
be released on bail in connection with the Crime as mentioned in first paragraph
of this order, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand only) with one solvent surety of the same amount to the
satisfaction of the Trial Court, for compliance with the following conditions
:(For convenience of understanding by accused and surety, the conditions of
bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed
by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(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) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन,
धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को
कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023
regarding examination of witnesses in attendance;
NEUTRAL CITATION NO. 2026:MPHC-IND:783
5 MCRC-54348-2025
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
12. 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.
13. The 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
