Manoj Alias Bunty Kushwaha vs The State Of Madhya Pradesh
2026 Latest Caselaw 952 MP

Citation : 2026 Latest Caselaw 952 MP
Judgement Date : 30 January, 2026

[Cites 2, Cited by 0]

Madhya Pradesh High Court

Manoj Alias Bunty Kushwaha vs The State Of Madhya Pradesh on 30 January, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

           NEUTRAL CITATION NO. 2026:MPHC-GWL:3841




                                                             1                           MCRC-4447-2026
                             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. 4447 of 2026
                                             MANOJ ALIAS BUNTY KUSHWAHA
                                                         Versus
                                             THE STATE OF MADHYA PRADESH
                          Appearance:
                                  Shri Prem Singh Bhadouria - Advocate for the applicant.

                                  Shri Vikram Pippal - GA for the respondent/State.

                                                                 ORDER

This is the fourth application filed on behalf of the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail. His third bail application was dismissed as withdrawn vide order dated 25.11.2025 in M.Cr.C. No.53965/2025.

2. The applicant has been arrested on 13.06.2025 in relation to Crime No.115/2025 registered at Police Station - Padav District Gwalior (M.P.) for the offence punishable under Sections 109, 231, 233, 217, 248, 238, 61(2) of

BNS and Section 25/27 of Arms Act.

3. As per the prosecution story, on 08.06.2025 at about 11:00 p.m., the injured Manoj alias Bunty, along with his nephew Akash Kushwah, went on a scooty to the house of their relatives near Marimata Temple, Mahalgaon. When Manoj stopped the scooter on the main road and moved ahead to urinate, Brijkishore Kushwah and Hemant alias Chhotu Kushwah arrived on

NEUTRAL CITATION NO. 2026:MPHC-GWL:3841

2 MCRC-4447-2026 a motorcycle and accosted him and started abusing him. It is alleged that Hemant, with intent to kill, fired a shot from a pistol, which struck Manoj alias Bunty on his left shoulder, after which both accused fled towards Sai Baba Temple.

On the basis of the injured's Dehati Nalishi, the investigation was initiated. However, during the investigation, it was found that the injured Manoj alias Bunty Kushwah (present applicant), due to old enmity, had conspired with Akash Kushwah, Manish Verma alias Tillu, and Akash Karosiya to falsely implicate Brijkishore Kushwah and Hemant alias Chhotu Kushwah in the offence of attempt to murder. Consequently, Crime No. 115/2025 has been registered at Police Station Padav under the aforesaid sections.

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 co-accused Akash Kushwaha and Manish Varma @ Tillu have been granted bail by this Court in MCRC Nos.37234/2025 and 571/2026, and co-accused Amar Karosia has been granted bail by the Trial Court vide order dated 15.09.2025, and the case of the present applicant stands on the same footing. It is also submitted that the investigation has been completed, the charge- sheet has been filed, and all material witnesses have already been examined by the Trial Court. The applicant has been in judicial custody since 13.06.2025 and prolonged incarceration would serve no useful purpose as the trial is likely to take time to conclude. The applicant shall abide by all

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3 MCRC-4447-2026 conditions and shall not misuse the liberty of bail. On these grounds, it is prayed that the applicant be extended the benefit of 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:-

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,

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4 MCRC-4447-2026 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 offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;