Citation : 2026 Latest Caselaw 2335 MP
Judgement Date : 10 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:8353
1 MCRC-11126-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 10th OF MARCH, 2026
MISC. CRIMINAL CASE No. 11126 of 2026
GOLU YADAV ALIAS RAJVEER YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Satyendra Singh Rajput - Advocate for the applicant.
Shri Manish Saxena - GA for the respondent/State.
ORDER
This is second bail application under Section 483 of BNSS filed by the applicant for grant of bail. First application was dismissed as withdrawn vide order dated 12.2.2026 passed in M.Cr.C.No.7184 of 2026, with a liberty to renew the prayer after filing of challan.
The applicant has been arrested on 30.1.2026 by Police Station- Cantt Guna in connection with Crime No.911/2025, registered in relation to the offence punishable under Sections 191 (2), 126 (2), 296, 115 (2), 118 (1), 118 (2), 351 (2) of BNS.
The allegation against the present applicant is that he along with other co-accused persons wrongfully restrained the complainant on his way and allegedly assaulted him with a luhangi (wooden stick), causing injuries to him and abused him using obscene words referring to his mother and sister and also threatened to kill him.
Learned counsel for the applicant submits that the applicant has been
NEUTRAL CITATION NO. 2026:MPHC-GWL:8353
2 MCRC-11126-2026 falsely implicated in the case. He has not committed any offence. It is further submitted that the offences registered against the applicant are triable by the learned Judicial Magistrate First Class. The alleged incident is stated to have occurred on 04.10.2025 at about 9:30 PM, however the FIR was lodged with considerable delay on 05.10.2025 at about 5:00 PM, and no proper explanation for such delay has been given. The injury alleged under Section 118(2) of BNS is stated to be on the little finger of the injured person, and the allegation of causing the said injury has been specifically made against the co-accused Sonu, not against the present applicant. It is further submitted that in fact the complainant sustained injuries due to the overturning of an auto, and due to previous enmity the applicant has been falsely implicated in the present case. Charge-sheet has been filed on
2.3.2026 and Trial will take time for its conclusion. The applicant is permanent resident of District Guna 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 submitted that the applicant along with co-accused persons, acting with common intention, brutally assaulted the complainant with a dangerous weapon, a glass bottle, and caused grievous injuries resulting in permanent disability and the accused persons also threatened the complainant with dire consequences and warned him that they would kill him in the future and therefore, prayed for its rejection.
NEUTRAL CITATION NO. 2026:MPHC-GWL:8353
3 MCRC-11126-2026 Considering the overall facts and circumstances of the case, nature of allegations and 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 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
NEUTRAL CITATION NO. 2026:MPHC-GWL:8353
4 MCRC-11126-2026
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)
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