[Cites 2, Cited by 0]
Madhya Pradesh High Court
Hemu Alias Hemendra vs The State Of Madhya Pradesh on 11 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8396
1 MCRC-11339-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 11339 of 2026
HEMU ALIAS HEMENDRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aditya Sharma - Advocate for the applicant.
Shri Samar Ghuraiya - Public Prosecutor for the State.
Shri Hemant Singh Rana - Advocate for the complainant.
ORDER
This is the first bail application filed by the applicant under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of bail.
The applicant was arrested on 28.07.2025 by Police Station Dabra Dehat,
District Gwalior in connection with Crime No.195/2025 registered for the
offences punishable under Sections 109 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 read with Sections 25 and 27 of the Arms Act.
As per the prosecution case, the allegation against the present
applicant is that he, along with the other co-accused persons, allegedly
assaulted the complainant by means of deadly weapons, due to which the
complainant sustained grievous injuries.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case and he has not committed any offence
NEUTRAL CITATION NO. 2026:MPHC-GWL:8396
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as alleged. It is further submitted that the applicant is in judicial custody
since 28.07.2025. The investigation in the matter has already been completed
and the charge-sheet has been filed before the competent Court; therefore,
the custodial interrogation of the applicant is no longer required. It is also
submitted that the trial of the case is likely to take considerable time for its
conclusion. The complainant is not appearing before the learned trial Court,
due to which unnecessary delay is being caused in the proceedings. It is
further submitted that a Non-Bailable Warrant has also been issued against
the complainant on account of his continuous non-appearance before the
Court. Learned counsel further submits that the co-accused person, namely
Chotu alias Hitendra, has already been granted bail by this Hon'ble Court
vide order dated 17.02.2026 passed in M.Cr.C. No.7262/2026. The case of
the present applicant stands on similar footing and he is therefore entitled to
bail on the ground of parity. It is also submitted that the applicant is a
permanent resident of District Gwalior and there is no likelihood of his
absconding or tampering with the prosecution evidence. The applicant
undertakes to abide by all the terms and conditions as may be imposed by
this Court. Hence, on the aforesaid grounds, the applicant prays for grant of
bail.
Per contra, learned counsel for the State as well as the counsel for the
complainant have vehemently opposed the bail application and prayed for its
rejection considering the nature and gravity of the offence alleged against the
applicant as well as the fact that the applicant has one criminal antecedent.
Considering the overall facts and circumstances of the case, nature of
NEUTRAL CITATION NO. 2026:MPHC-GWL:8396
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allegations and coupled with the facts that applicant is in custody since
28.07.2025, 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, 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 himself 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 tor 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;
NEUTRAL CITATION NO. 2026:MPHC-GWL:8396
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5. The applicant will not seek unnecessary
adjournments during the trial; and
6. The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
A copy of this order be sent to the concerned trial Court for necessary
compliance.
Certified copy as per Rules.
(MILIND RAMESH PHADKE)
JUDGE
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