[Cites 2, Cited by 0]
Madhya Pradesh High Court
Surjit Alias Bhupendra vs The State Of Madhya Pradesh on 30 January, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:3825
1 MCRC-4593-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 30th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 4593 of 2026
SURJIT ALIAS BHUPENDRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nirmal Sharma - Advocate for the applicant.
Ms Kalpana Parmar - GA for the respondent/State.
ORDER
This is third application under Section 483 of BNSS filed by the
applicant for grant of bail after dismissal of earlier one as withdrawn vide
order dated 21.01.2026 passed in M.Cr.C. No.2604/2026 with liberty to
revive afresh after filing of charge sheet.
The applicant has been arrested on 27.10.2025 in connection with
Crime No.341/2025 registered at Police Station- Gormi District Bhind for
offence punishable under Sections 109(1), 296(B), 115(2), 351 (3), 3(5) and
238 of BNS and Section 25/27 of Arms Act.
As per prosecution case, it has been alleged that at about 8:30 PM on
21.10.2025, Rocky Gurjar collided with the complainant and hurled abuses.
When Gaurav asked him not to do so, Rocky left the spot and, after some
time, returned along with Surajbhan, Bhupendra alias Golu (the present
applicant), Ramveer, who was armed with a gun, and Ramkaran. It is alleged
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that Ramkaran and Surajbhan opened fire, which hit the left hand of Sonu
Singh. Thereafter, Rocky allegedly opened fire, which hit the left thigh of
Sonu Singh. It is further alleged that Bhupendra and Ramveer also opened
fire, resulting in injury to a buffalo, after which all the accused left the
spot. Thereafter, when Vasudev and Jai Singh came to the rescue, Krishna,
Jugal, and Siyaram, who were armed with lathis, caused injuries to Vasudev
and Jai Singh. Accordingly, a complaint was made and an FIR was
registered.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that the applicant has been in judicial custody since 27.10.2025. The earlier
bail application preferred by the applicant was dismissed as withdrawn with
liberty to revive afresh after the filing of charge sheet. Now, the investigation
has been completed and the challan has been filed; therefore, no further
custodial interrogation of the applicant is required. It is further submitted that
the alleged offence is triable by the Court of Judicial Magistrate First Class
and the conclusion of the trial is likely to take a considerable period of time.
The applicant is a permanent resident of District Bhind and there is no
likelihood of his absconding or tampering with the prosecution evidence or
influencing the prosecution witnesses. In view of the aforesaid facts and
circumstances, it is prayed that this Court may be pleased to enlarge the
applicant on bail.
Per contra, learned counsel for the State vehemently opposed the bail
application and prayed for its rejection.
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Heard learned counsel for the rival parties.
Considering the totality of the facts and circumstances of the case, the
nature of allegations coupled with the fact that the trial is not likely to
conclude in near future and prolonged pre-trial detention being an anathema
to the concept of liberty, this Court is inclined to extend the benefit of bail to
the applicants.
Accordingly, without expressing any opinion on merits of the case,
this application is allowed and it is directed that the applicant be released on
bail on 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/committal Court for their appearance on the dates given by
the concerned Court.
This order will remain operative subject to compliance of the
following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant 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;
4. The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
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without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
