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Madhya Pradesh High Court
Vijay vs The State Of Madhya Pradesh on 30 January, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:3867
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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. 4104 of 2026
VIJAY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Deependra Singh Raghuwanshi - Advocate for the applicant.
Shri Vikram Pippal - GA for the respondent/State.
ORDER
This is the second application filed on behalf of the applicant under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for
grant of regular bail. His first bail application was dismissed as withdrawn
vide order dated 12.01.2026 in M.Cr.C. No.60572/2025 with liberty to renew
the same after filing of challan.
2. The applicant has been arrested on 18.12.2025 in relation to Crime
No.830/2025 registered at Police Station - Cantt. District Guna (M.P.) for
the offence punishable under Sections 296, 115 (2), 118 (1), 351 (2), 324 (4),
3 (5), 191 (1), 191 (2), 191 (3), 117 (2), 118 (2) of BNS.
3. As per prosecution story, on 30.08.2025, the injured Ranu was
celebrating the birthday of Ankit, brother of his friend Abhishek, at Teen
Khuta Square. A dispute arose between Ranu and Pankaj Namdev. At around
3:30 a.m., while returning home on Abhishek's scooter, Ranu and Abhishek
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encountered Pankaj, Roopnarayan, Chandu, Vijay, and 4-5 others at the
same location. Pankaj verbally abused Ranu and attacked him with an axe,
causing head injuries. Roopnarayan struck him with a luhangi, and Chandu
and Vijay, along with their associates, assaulted him with sticks, kicks, and
punches, injuring his back, waist, hands, and legs, and damaging his
scooter. When Abhishek tried to intervene, he was also assaulted, sustaining
severe injuries to his head, hands, and legs. The attackers threatened to kill
them in the future.
4. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case and has no direct
role in the commission of the offence. It is further submitted that the
applicant has been in judicial custody since 18.12.2025. The earlier bail
application preferred by the applicant was dismissed as withdrawn with
liberty to renew the same after filing of challan. 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 in the
present case, except Section-118 (2) BNS all Sections are bailable and triable
by the Court of Judicial Magistrate First Class and the ingredients of
Section-118 (2) BNS are not complete against the applicant, as the
competent court has found in its order that there is no allegation of injury
caused by the applicant on Ranu's head. The conclusion of the trial is likely
to take a considerable period of time. The applicant is a permanent resident
of District Guna and there is no likelihood of his absconding or tampering
with the prosecution evidence or influencing the prosecution witnesses. In
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view of the aforesaid facts and circumstances, it is prayed that this Court
may be pleased to enlarge the applicant on bail.
5. Per contra, learned counsel for the State opposed the application and
prayed for its rejection by contending that on the basis of the allegations and
the material available on record, no case for grant of bail is made out.
6. Heard counsel for the parties and perused the case diary.
7. Considering the totality of the circumstances, the nature of
allegations specifically attributed to the applicant, 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 applicant.
8. Accordingly, without commenting on merits of the case, this bail
application is allowed. It is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs,50,000/- (Rs. Fifty Thousand
Only) with one solvent sureties in the like amount to the satisfaction of the
concerned trial Court for his appearance before it on the dates given by the
concerned Court.
9. This order will remain operative subject to compliance of the
following conditions by the applicant:-
i. The applicant will comply with all the terms and conditions of the
bond executed by him;
ii. The applicant will cooperate in the investigation/trial, as the case
may be;
iii. The applicant will not indulge himself in extending inducement,
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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 applicant shall not commit any offence during pendency of the
trial, failing which this bail order shall stand cancelled automatically, without
further reference to the Bench;
v. The applicant will not seek unnecessary adjournments during the
trial; and
vi. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
10. Copy of this order be sent to the trial Court concerned for
compliance.
11. Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
