[Cites 4, Cited by 0]
Madhya Pradesh High Court
Umesh Sharma Alias Fouda vs The State Of Madhya Pradesh on 10 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:8291
1 MCRC-11137-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 10th OF MARCH, 2026
MISC. CRIMINAL CASE No. 11137 of 2026
UMESH SHARMA ALIAS FOUDA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri A.P.S. Tomar - Advocate for the applicant.
Shri Dinesh Savita - PP for the State.
ORDER
This is the third application filed by the applicant under Section 483 of
BNSS for grant of bail relating to Crime No.22 of 2025 registered at Police
Station - Station Road, District Morena (M.P.) for the offences punishable
under Sections 310(4), 310(5), 310(6) of the BNS and Section 11/13 of
MPDVPK Act and Section 25, 27 of the Arms Act. His first application was
withdrawn and second was dismissed on merits by this Court.
2 . The allegation against the applicant/accused is that he alongwith
other co-accused was planning to commit dacoity.
3. Learned counsel for the applicant submit that applicant is innocent
and has been falsely implicated in the case. He is in custody since
20.08.2025. Though a firearm is said to have been seized from the applicant,
but he has been falsely implicated in the matter by showing false seizure.
Applicant bears criminal record of 17 criminal cases. Applicant is ready and
NEUTRAL CITATION NO. 2026:MPHC-GWL:8291
2 MCRC-11137-2026
willing to abide by any conditions which may be imposed by the Court.
Conclusion of trial will take time. It is further submitted that co-accused
persons have already been granted by Coordinate Bench of this Court on
13.02.2025. Under these grounds and on the ground of parity, counsel for the
applicant prays for bail to the applicant.
4. Per contra, learned counsel for the State opposed the bail application
on the basis of criminal record and prayed for dismissal of application.
5. Heard learned counsel for the parties and perused the case-diary.
6 . Considering the submissions advanced by learned counsel for the
parties and attending facts and circumstances of the case as well as on the
ground of party, but without expressing any opinion on merits, these
application is allowed with stringent condition and it is directed that the
applicant be released on bail on furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety each of the
like amount to the satisfaction of the trial Court/committal Court.
7 . This order will remain operative subject to compliance of the
following conditions by the applicants:-
i) The applicant will comply with all the terms and conditions of the
bond executed by him;
ii) The applicant will co-operate in the investigation/trial, as the case
may be;
iii) 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/her from disclosing such facts to the Court or to
NEUTRAL CITATION NO. 2026:MPHC-GWL:8291
3 MCRC-11137-2026
the Police Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat
the offence in future. In case if they are found involved in the offence of
same nature, this bail order shall stand cancelled automatically without
further reference to the Bench;
v) The applicant will not seek unnecessary adjournments during the
trial;
vi) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be; and
vii) The applicant shall mark his presence on every Sunday before the
Police Station - Station Road, District Morena, till conclusion of trial, failing
which this bail order shall stand automatically cancelled.
8. Accordingly, the application is disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
Rashid
