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Madhya Pradesh High Court
Zafar Khan vs The State Of Madhya Pradesh on 10 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:8205
1 MCRC-11114-2026
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. 11114 of 2026
ZAFAR KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nitin Goyal - Advocate for the applicant.
Shri Dinesh Savita - PP for the State.
ORDER
This is first application filed under Section 483 of BNSS for grant of
bail relating to Crime No.939 of 2025 registered at Police Station - Kotwali,
District - Vidisha (M.P.) for the offence under Sections 331(4), 305(A) of
BNS.
2. As per prosecution story, allegation against the present applicant is
that he along with other co-accused persons committed theft in the house of
the complainant.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated. Investigation is over and charge-
sheet has been filed. He did not commit any theft but the only allegation
against the present applicant is that he did recce outside the house of the
applicant. The offence is triable by the JMFC. Once charge-sheet has been
filed, therefore, the custodial interrogation is not required. The applicant is in
NEUTRAL CITATION NO. 2026:MPHC-GWL:8205
2 MCRC-11114-2026
custody since 09.02.2026. The applicant is permanent resident of District
Bhopal (M.P.) and there is no possibility of his absconding or tempering
with prosecution case. Charge-sheet has been filed in the matter. Under these
grounds , he prays for grant of bail to the applicant.
4. Per contra, learned counsel for the State has vehemently opposed
the bail application and prayed for its dismissal.
5. Heard learned counsel for the rival parties and perused the case
diary available on record.
6. Considering the above submissions advanced by the counsel for the
parties and facts and circumstances of the case, and without expressing any
opinion on the 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 in
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 applicant:-
i) The applicant will comply with all the terms and conditions of the
bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the case
may be;
iii) The applicant will not indulge himself 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 the Police
Officer, as the case may be;
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iv) The applicant will not commit any other offence or will not repeat
the offence in future. In case, if he is found involving in offence of the 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; and
vi) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
vii) The applicant is directed to mark his presence on every Sunday
before the Police Station- Kotawali, District Vidisha, till conclusion of trial,
failing which this bail order shall stands automatically cancelled without
further reference to this Court.
8. Learned State counsel is directed to send an e-copy of this order to
the Station House Officer of the concerned Police Station for information
and necessary action.
9. E- copy of this order be sent to the trial Court concerned for
compliance, if possible, by the office of this Court.
10. Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
Vishal
