[Cites 1, Cited by 0]
Madhya Pradesh High Court
Deepak vs The State Of Madhya Pradesh on 11 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6528
1 MCRC-10268-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10268 of 2026
DEEPAK
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nipun Choudhary - Advocate for the applicant.
Shri Bhaskar Agrawal GA for the 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. 143/2025 registered at Police Station Karanwas,
District Rajgadh(M.P.) for offence punishable under Sections 115(2), 296,
351(3), 109(1), 3(5), of BNS, 2023. Applicant is in judicial custody since
06.12.2025.
2. Applicant's first bail application was dismissed as withdrawn vide
order dated 30/01/2026 passed in MCRC no. 2888 of 2026. Thereafter, four
prosecution witnesses namely, Bhanamati [PW-3], Rakesh Chhadi [PW-4],
Rakesh Singh [PW-5] and Dhanveer [PW-6] have been examined before the trial
Court.
3. Heard the arguments.
4. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
NEUTRAL CITATION NO. 2026:MPHC-IND:6528
2 MCRC-10268-2026
5 . Learned Counsel for the applicant, in addition to the grounds
mentioned in the application, submits that applicant has been falsely implicated in
this matter. She has not committed the alleged offence. Minor altercation
aggravated into physical scuffle between the parties wherein both the parties
had sustained injury. It is a case of free fight. The final report has been
submitted on completion of investigation. Applicant has clean past, with family
roots. There is no history of evading process of law. There is no likelihood of
tampering with evidence by the applicant. The dispute has been amicably settled
between the neighbours and a compromise petition was filed before the trial Court
on 11.02.2026. Jail incarceration is causing hardship to the applicant and
dependent family. Co-accused Savita has been extended benefit of bail by this
Court v i d e order dated 12/01/2026 passed in MCRC no. 60444 of 2025.
Applicant is ready to cooperate in the trial. There is no allegation of organized
crime constituting threat to national security or general public.
6. Per contra , learned Counsel for the State opposes the bail application
on the ground of gravity of alleged offence.Learned counsel refers to five criminal
antecedents against the applicant, as mentioned in the case diary. Applicant -
Deepak is aged around 35 years. She is homemaker by profession.
7. In reply, learned counsel for the applicant submits that other matters
are pending for trial. He has never been convicted for any offence.
8. As per accusation on case diary, on 21.10.2025, around 4:00 in the
morning, Deepak and Savita flung chili power at Aadesh and abused him in filthy
language over previous quarrel. Deepak assaulted Adesh with wooden stick
(Lohangi) over his head. Bhanavati tried to intervene. Deepak assaulted her also.
The accused threatened to kill them. Adesh and Bhanavati were referred for
treatment to District Hospital Rajgadh. The CT Scan report revealed acute linear
NEUTRAL CITATION NO. 2026:MPHC-IND:6528
3 MCRC-10268-2026
undisplaced fracture on left frontal bone of Bhanavati and acute comminuted
depressed fracture on left parietal bone of Adesh. The applicant was arrested on
06.12.2025. He is in custody ever since. The six material witnesses have been
examined. There remains no likelihood of influencing remaining witnesses by
the applicant. Co-accused Savita has been extended benefit of bail by this
Court. The contentions advanced by the applicant have prima-facie merit and
cannot be dismissed as manifestly baseless. The veracity of the prosecution and
role of applicant will be considered on merit after evidence.
9. As informed, the applicant is aged around around 35 years. He is an
agriculturist by profession and has family responsibility. Considering these
aspects, there appears to be no possibility of fleeing from justice. In absence of
previous conviction for any major offence, 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.
10. 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.
11. Accordingly, it is directed that applicant - Deepak 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 are also reproduced in Hindi as
NEUTRAL CITATION NO. 2026:MPHC-IND:6528
4 MCRC-10268-2026
under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the
concerned court;
(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gkssxkA
(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) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku]
/kedh ;k opu ugha nsxk ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks
izdV djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or
allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa
dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA
(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) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds
izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA
12. 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 of this order.
13. 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
amol
