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Madhya Pradesh High Court
Aashu Tomar vs The State Of Madhya Pradesh on 9 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8161
1 MCRC-10670-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 9 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10670 of 2026
AASHU TOMAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Atul Gupta - Advocate for the petitioner [P-1].
Shri Harish Sharma Dy Ga appearing on behalf of Advocate
General[r-1].
ORDER
This is fourth bail application under Section 483 of BNSS filed by the
applicant for grant of bail. Earlier bail application for grant of interim bail
was allowed vide order dated 8.1.2026 passed in M.Cr.C.No.670 of 2026.
The applicant has been arrested on 13.11.2024 in connection with
Crime No. 739/2024 registered at Police Station City Kotwali District Bhind
for offence punishable under Sections 103, 296, 3(5) of BNS and 25/27 of
Arms Act.
The applicant/accused, along with the co-accused persons, is alleged
to have, in furtherance of their common intention, shot Vishnu Yadav with a
315-bore gun thereby causing his death.
The present application has been filed on the ground of prejudice on
account of delay in trial and period of custody of applicant. Learned counsel
NEUTRAL CITATION NO. 2026:MPHC-GWL:8161
2 MCRC-10670-2026
for the applicant submits that the statements of the witnesses have been
recorded after a long delay, and no explanation has been provided for this
delay. The witnesses are intentionally avoiding giving their testimony,
which is causing further delay in the trial. On the last hearing, one witness
appeared but gave a misleading statement, selectively presenting facts. It is
further submitted that the deceased and the complainant have criminal
backgrounds and were the initial aggressors in the incident. It is further
submitted that there were five cases registered against the present applicant,
in all of which he has been acquitted. The applicant is permanent resident of
District Bhind and there is no likelihood of his absconsion or tampering with
the prosecution evidence. He is ready to abide by the terms and conditions
as may be imposed. With the aforesaid submissions, prayer for grant of bail
is made out.
Learned counsel for the State vehemently opposed the application and
prayed for its rejection.
Considering the overall facts and circumstances of the case, nature of
allegations and the period of custody, 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.
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
NEUTRAL CITATION NO. 2026:MPHC-GWL:8161
3 MCRC-10670-2026
of the trial Court/committal Court for his 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 themselves in extending inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him 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, 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
(aspr)
