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Madhya Pradesh High Court
Amjad vs The State Of Madhya Pradesh on 9 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6220
1 MCRC-8486-2026
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. 8486 of 2026
AMJAD
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Govind Pal Singh Songara, Advocate for the applicant.
Shri Bhaskar Agrawal, Govt. Advocate for the respondent/State.
ORDER
1. This second 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.327 of 2025 registered at Police Station- Maksi,
District Shajapur(M.P.) for offence punishable under Sections 87, 115(2),
351(3), 127(3) and 238(b) of the BNS, 2023. Applicant is in judicial custody
since 24.11.2025. His first bail application has been dismissed as withdrawn
vide order dated 13.01.2026, passed in M.Cr.C. No.59886/2025.
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 this matter merely for the reason that he is related to main accused Saeed
NEUTRAL CITATION NO. 2026:MPHC-IND:6220
2 MCRC-8486-2026
Shah. The Test Identification Parade was not conducted during investigation.
It is a case of romantic relationship between the complainant and the main
accused Sharif Shah. When their relationship turned sour, false allegation of
abduction and rape are levelled against the applicant. No offence, as alleged,
is committed by the applicant. The complainant/victim(PW1) could not
identify the applicant. Learned counsel referring to Para-30 and 31 of the
evidence of the victim submits that the complicity of the applicant in the
alleged offence is not made out. Applicant has clean past, with family roots.
There is no history of evading process of law. There is no likelihood of
tampering with remaining evidence by the applicant as material witness
victim(PW1) has been examined. The trial would take time to conclude. Jail
incarceration is causing hardship to the applicant. Applicant is ready to
cooperate in the trial.
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 25 years. He is labourer by profession.
6. As per the accusation on case diary, Sharif Shah ageda round 20
years abducted the victim aged around 19 years and took her to his house.
The victim was assaulted. When Sharif Shah and other co-accused were
taking the victim on bike, she shouted and tried to save her. When the
neighbouring villagers gathered, Sharif Shah left her and fled away. The
allegations against the applicant relates to assisting Sharif Shah in abduction
of the victim from her home. No Test Identification parade was conducted
NEUTRAL CITATION NO. 2026:MPHC-IND:6220
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during investigation. The applicant was arrested on 24.11.2025. He is in
custody ever since. The victim(PW1) has been examined. The trial would
take time to conclude. The contentions advanced by the applicant have
prima-facie merit and cannot be dismissed as manifestly baseless. 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 responsibility of dependent family
members. 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 remaining
witnesses by the applicant. 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-Amjad 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
NEUTRAL CITATION NO. 2026:MPHC-IND:6220
4 MCRC-8486-2026
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 ।
(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) आवदे क 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 गा ।
(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 आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय
नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
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
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