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Madhya Pradesh High Court
Narsingh vs The State Of Madhya Pradesh on 9 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6210
1 MCRC-9347-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 9 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 9347 of 2026
NARSINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anirudh SaXEna - Advocate for the applicant.
Shri Tarun Pagare GA for the State.
ORDER
1. This first application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 45 of 2025 registered at Police Station- Agar
District- Agar Malwa (M.P.) for offence punishable under Sections 74,
75(1), 78(1), 79, 296(b), 351(3), 332(c) and 3(5) of the BNS, 2023.
Applicant is in judicial custody since 02/02/2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant in addition to the grounds
mentioned in the application submits that the applicant is falsely implicated
in the alleged offence due to dispute regarding way between the parties. No
offence, as alleged, is committed by the applicant. The delay of four days in
NEUTRAL CITATION NO. 2026:MPHC-IND:6210
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lodging FIR substantiates false allegation after pre-meditation and
consultation. The final report has been submitted on completion of
investigation. Applicant has clean past, with family roots, property and
employment. There is no history of evading process of law. There is no
likelihood of tampering with evidence by the applicant for the reason that he
is not capable of influencing the witnesses. The trial would take time to
conclude. Jail incarceration is causing hardship to the applicant and the
dependent family. Applicant is ready to cooperate in the trial. The alleged
offence is not heinous or brutal in nature affecting society at large.
5. Per contra, learned counsel for the State opposes the application
on the ground of gravity of alleged offence. However, after going through
the case diary, he fairly states that no criminal antecedent is reported against
the applicant. Applicant is aged around 40 years. He is an agriculturist by
profession.
6. As per the accusation on case diary, Narsingh came to the house
of prosecutrix on 03/12/2025 and made some obscene gestures. Shankar
Singh and Narsingh touched her inappropriately and abused her in filthy
language. Shankar threatened to kill her. She informed Darbarsingh.
Darbarsingh informed her husband on mobile phone. She did not report the
incident due to fear, but on 07/12/2025 around 8:00 in the morning, Shankar
and Narsingh again made some obscene gestures in front of her house. On
such allegation, the Police Station - Agar registered FIR for offence
punishable under Sections 74, 75(1), 78(1), 79, 296(b), 351(3), 332(c) and
3(5) of the BNS, 2023. The applicant was arrested on 02/02/2026 and he is in
NEUTRAL CITATION NO. 2026:MPHC-IND:6210
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custody ever since. The final report has been filed on completion of
investigation and the trial is under way. The veracity of the prosecution and
complicity of the applicant in the alleged offence will be considered after
evidence in trial.
7. As informed, the applicant has family responsibilities. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of any criminal antecedent, considering the socio-economic status of
the applicant, there appears to be no likelihood of recidivism or tampering
with evidence or influencing the witnesses by the applicant. The offence is
triable by JMFC. There appears to be no compelling reason to continue
incarceration of the applicant. However, the observations, herein-above, are
recorded for present application only.
8. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
9. Accordingly, it is directed that applicant - Narsingh shall be
released on bail in connection with Crime as mentioned in first paragraph of
this order, upon furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only) with one surety of the same amount to the
satisfaction of the Trial Court, for compliance with the following conditions
:(For convenience of understanding by accused and surety, the conditions of
bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned
court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
NEUTRAL CITATION NO. 2026:MPHC-IND:6210
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(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such
facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक
या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से
िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवेदक य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने -फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गl ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of
Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in
attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदकगण धारा ३०९ दं. .सं. / ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करगे।
10. This order shall be effective till the end of trial. However, in case
of breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
11. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he/she had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
