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Madhya Pradesh High Court
Mahesh Vishwakarma vs The State Of Madhya Pradesh on 23 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:6659
1 CRA-133-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 23 rd OF JANUARY, 2026
CRIMINAL APPEAL No. 133 of 2026
MAHESH VISHWAKARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Prakhar Naveriya - Advocate for the appellant.
Shri Himanshu Soni - Panel Lawyer for the respondent/State.
ORDER
The appellant has filed this third criminal appeal under Section 14(A) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
being aggrieved by order dated 24.11.2025 passed in Bail Application/SCATR
No.98/2025 passed by the Special Judge under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, Raisen (M.P.) whereby his bail
application filed under Section 483 of BNSS, 2023, has been rejected.
2. The appellant has been arrested on 15.01.2025 relating to FIR/Crime No.8 of
2025 registered at Police Station - Digaura, District Tikamgarh (M.P.) for
offence punishable under Sections 296, 309(6), 132, 121, 324(5), 125, 351, 5(3)
of BNS, 2023 and Sections 3(2)(v) and 3(1)(r/s) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. It is submitted by learned counsel for the appellant that the present appellant is
in custody since 15.01.2025. Earlier first bail application was dismissed on merits
vide order dated 17.03.2025 passed in Cr.A. No.1721/2025 but in the second bail
application which was dismissed as withdrawn vide order dated 11.07.2025
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2 CRA-133-2026
passed in Cr.A. No.4046/2025, a liberty was granted to renew the prayer after
three months. Therefore, the present appellant is before this Court. It is also
submitted that an another case is registered against the present appellant for the
offence under Section 302 of IPC wherein he has been acquitted. In this regard, a
copy of the judgment has been filed. It is also submitted that a stone is said to have
been seized from the possession of present appellant but no specific injury has
been attributed to the present appellant. The conclusion of the trial will take
time. He is ready to abide by all the terms and conditions that may be imposed by
this Court while considering his appeal for bail. In view of the aforesaid, he prays
for grant of bail.
4. Per contra, learned counsel for the State has vehemently opposed the bail
application/appeal and prayed for its rejection.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the submissions made by learned counsel for the parties and
keeping in view the attending facts and circumstances of the case, this Court is
inclined to release the present appellant on bail. Thus, without commenting on the
merits of the case, the appeal is allowed and it is directed that the appellant be
released on bail upon his furnishing a personal bond in the sum of Rs.70,000/-
(Rupees Seventy Thousand Only) with one solvent surety in the like amount to the
satisfaction of the concerned trial Court/Committal Court.
7. This order will remain operative subject to compliance of the following
conditions by the appellants :
i) The appellant will comply with all the terms and conditions of the bond
executed by him;
ii) The appellant will cooperate in the investigation/trial, as the case may
be;
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iii) The appellant 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;
iv) The appellant shall not commit an offence similar to the offence of
which he is accused;
v) The appellant will not seek unnecessary adjournments during the trial;
vi) The appellant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
vii) If any of the aforesaid conditions is violated, then this order shall loose
its effect automatically."
8. Copy of this order be sent to the trial Court concerned for compliance by the
office of this Court.
Certified copy as per rules
(RAJENDRA KUMAR VANI)
JUDGE
DV
