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Madhya Pradesh High Court
Gulab Singh Yadav vs The State Of Madhya Pradesh on 11 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:19552
1 MCRC-8471-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 11 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 8471 of 2026
GULAB SINGH YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Pushpendra Pratap Parihar - Advocate for the applicant.
Shri Ravindra Shukla - Dy. Government Advocate for the State.
Shri Vikas Jyotishi - Advocate for the objector.
ORDER
This is the first application filed by the applicant under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to
FIR/Crime No.828/2024 registered at Police Station-City Kotwali, District-Satna
(M.P.) for the offence punishable under Sections 103(1), 140(2), 3(5), 238 of BNS
and Sections 25 & 27 of Arms Act. The applicants is in custody since
27.12.2024.
2. Learned counsel for the applicant has submitted that as per the
prosecution case, deceased Jitendra Chourasiya loco pilot was missing since
21.12.2024 and the missing person report was registered in Police Stations Satna
and Katni. One of the co-accused Dharmendra @ D. K. Chouraisya was informed,
who cooperated in the search and seizure of the dead body and after that, the
police authorities of Police Station Kotwali, Katni off the record have arrested the
accused persons and sent them to Police Station City Kotwali, Satna. Against the
applicant, the case was registered for committing murder, other relevant sections
NEUTRAL CITATION NO. 2026:MPHC-JBP:19552
2 MCRC-8471-2026
of the IPC and Sections 25 & 27 of the Arms Act.
3. Learned counsel for the applicant has further submitted that except the
confessional statement of accused persons, there is no legal evidence and the
whole case is based upon the circumstantial evidence. There is no eye-witness and
in circumstantial of evidence also, the chain of the circumstances is not proved by
which it could be inferred that the applicant was involved in the offence.
4. Learned counsel for the applicant has relied upon the statements of
prosecution witnesses namely Rohit Chourasiya (PW-1), Lalha Mahendra Pal
Singh (PW-2), Virendra Kumar Chourasiya (PW-3), Mrs. Shyam Chourasiya
(PW-4), Anamika Chourasiya (PW-5), Vijay Garg (PW-6), Brijendra Singh
Chourasiya (PW-7) and Sunil Rajput (PW-8) and submitted that in examination of
these witnesses, nothing has been found against the applicant. It is also submitted
that it is alleged in the prosecution story that this applicant and co-accused Pawan
Prajapati caught hold the deceased and co-accused Dharmendra Chourasiya has
shot the deceased by a firearm (katta), which is shown to be recovered from the
possession of this applicant. Looking to the factual aspects, the applicant is
entitled to be released on bail.
5. Learned counsel for the objector has submitted that the role of this
applicant is clear from the recovery of the weapon of the offence and the applicant
has previous criminal record, hence, no case of bail is made out.
6. Learned counsel for the State has opposed the bail application and
submitted that the applicant was arrested and on his information, firearm has been
recovered, hence, the applicant is not entitled to be released on bail.
7. Heard the parties and perused the statements submitted by the
prosecution.
NEUTRAL CITATION NO. 2026:MPHC-JBP:19552
3 MCRC-8471-2026
8. From the material available on record, it is clear that there is no eye-
witness of the case regarding this applicant. As per the statements of the
witnesses, except the confessional statement, there is no evidence against this
applicant. No FSL report is submitted that from the firearm which was recovered
from the possession of the applicant, the deceased was shot.
9. Looking to the factual aspects of the case coupled with the fact that trial
will take time to be concluded, this Court deems it appropriate to release the
applicant on bail. Thus, without commenting anything on the merits of the case,
the application is allowed.
10. It is directed that the applicant shall be released on bail on his
furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only)
with one surety in the like amount to the satisfaction of the trial Court concerned
for his appearance before the concerned Court on all such dates as may be fixed
by that Court in this regard during the pendency of trial.
11. It is further directed that the applicant shall comply with the provisions
of Section 480(3) of BNSS.
12. Accordingly, this M.Cr.C. stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
HK
