[Cites 2, Cited by 0]
Madhya Pradesh High Court
Keshav Yadav vs The State Of Madhya Pradesh on 23 January, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:2991
1 MCRC-3619-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 23rd OF JANUARY, 2026
MISC. CRIMINAL CASE No. 3619 of 2026
KESHAV YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri R.K. Sharma - learned Senior Advocate alongwith Ms. Bhavya
Sharma- Advocate for the applicant.
Ms. Kalpana Parmar - Public Prosecutor for the State.
Shri Aman Raghuwanshi - Advocate for the complainant.
ORDER
The applicant has preferred the present sixth application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking enlargement
on bail, after withdrawal of his earlier application vide order dated
08.12.2025 passed in M.Cr.C. No. 56502/2025. His third bail application
was also dismissed as withdrawn vide order dated 08.10.2025, with liberty to
file afresh after examination of the Court statements of the complainant.
The applicant has been in judicial custody since 13.03.2025, having
been arrested by Police Station Morar, District Gwalior, in connection with
Crime No. 98/2025, registered for offences punishable under Sections 190,
191(2), 191(3), 109, 324(4), 115(2), 296, 351(3), 238, 117(2) and 118(2) of
the Bharatiya Nyaya Sanhita, 2023 (BNS).
NEUTRAL CITATION NO. 2026:MPHC-GWL:2991
2 MCRC-3619-2026
As per the prosecution case, on 01.03.2025 at about 09:40 a.m., the
complainant Ajay Singh Rana was proceeding to Shanidev Temple, Morena,
along with Jhaivar in his Fortuner vehicle. Near Gosipura Tiraha, the
applicant/accused Keshav Yadav, along with other co-accused persons,
allegedly arrived twice in their vehicles, armed with lathis and sticks, in a
Fortuner vehicle bearing registration No. MP-07-CH-6904. It is alleged that
all the accused persons, acting in furtherance of their common intention,
abused the complainant with filthy and obscene language, forcibly dragged
him out of the vehicle, threw him on the road, and assaulted him with lathis
and sticks with the intention to kill. It is further alleged that the applicant
assaulted the complainant on his left eye with the butt of his licensed pistol,
causing injury. Thereafter, the accused persons allegedly vandalized the
complainant's vehicle and extended threats to kill him. The complainant was
taken for treatment to District Hospital, Murar, and thereafter referred to
Apollo Hospital. On the basis of the said allegations, the present crime was
registered against the applicant and other co-accused persons.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the case. It is submitted that the applicant
has remained in custody since 13.03.2025 and that his earlier bail
applications were withdrawn for the reasons mentioned hereinabove. The
new ground raised in the present application is that the applicant is suffering
prejudice due to inordinate delay in trial, which is not attributable to him.
Despite issuance of repeated summons and even bailable warrants, the
complainant has failed to appear before the trial Court, thereby stalling the
NEUTRAL CITATION NO. 2026:MPHC-GWL:2991
3 MCRC-3619-2026
proceedings. Reliance has been placed upon the order sheet of the trial Court
dated 21.01.2026, filed along with I.A. No. 1877/2026, to demonstrate such
conduct whereby an arrest warrant had been issued against the complainant.
It is contended that the complainant's repeated absence appears to be
malafide and aimed at prolonging the trial. Learned counsel has relied upon
the judgment of the Hon'ble Supreme Court in Hussainara Khatoon vs.
Home Secretary, State of Bihar, AIR 1979 SC 1369, wherein it has been held
that undue delay in trial violates the fundamental right to speedy trial
guaranteed under Article 21 of the Constitution of India. It is further
submitted that prolonged pre-trial incarceration has caused serious prejudice
to the applicant's right to life and personal liberty.
Per contra, learned Public Prosecutor for the State as well as the
counsel for the complainant opposed the application and submitted that
considering the gravity of the allegations, the applicant is not entitled to
grant of bail.
I have heard learned counsel for the parties and perused the case diary
as well as the record.
It is well settled that the right to speedy trial is an integral facet of the
fundamental right to life and personal liberty under Article 21 of the
Constitution of India. In the present case, the applicant has undergone pre-
trial detention of more than nine months. The delay in recording the
statements of prosecution witnesses, particularly the complainant, cannot be
attributed to the applicant. Continued incarceration in such circumstances
would amount to deprivation of liberty on uncertain and indefinite grounds.
NEUTRAL CITATION NO. 2026:MPHC-GWL:2991
4 MCRC-3619-2026
Considering the totality of facts and circumstances of the case, and
without expressing any opinion on the merits of the matter, this Court is of
the considered view that the applicant deserves to be enlarged on bail.
Accordingly, the application is allowed. It is directed that the applicant
Keshav Yadav be released on bail upon 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 concerned, for securing
his appearance on all dates fixed by the said Court.
On being released on bail, the applicant shall abide by the conditions
enumerated in Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita,
2023.
Application stands allowed and disposed of.
A copy of this order be sent to the Court concerned for compliance
and information.
(MILIND RAMESH PHADKE)
JUDGE
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH AT
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AT GWALIOR,CID - 7064434, postalCode=474001, st=Madhya
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Date: 2026.01.23 15:29:28 +05'30'
