[Cites 3, Cited by 0]
Madhya Pradesh High Court
Bhola Gurjar vs The State Of Madhya Pradesh on 12 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8687
1 MCRC-11742-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 12th OF MARCH, 2026
MISC. CRIMINAL CASE No. 11742 of 2026
BHOLA GURJAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Pradeep Katare - Advocate for the petitioner [P-1].
Shri Harish Sharma Dy Ga appearing on behalf of Advocate
General[r-1].
ORDER
This is third bail application under Section 483 of BNSS filed by the
applicant for grant of bail. Earlier application was dismissed vide order
dated 17.2.2026 passed in M.Cr.C.No.7638 of 2026.
The applicant has been arrested on 6.8.2025 by Police Station-
Mehgaon, District Bhind in connection with Crime No.320/2019, registered
in relation to the offence punishable under sections 327, 34, 392 of IPC and
sections 11/13 of M.P.D.V.P.K. Act.
As per the prosecution story when on 20th August 2019, the
complainant Rajeev Singh was returning to his home in village Piprauli from
Mehgaon on his motorcycle, at about 8:15 PM, while he was on the way,
three boys riding a Deluxe motorcycle without a registration number came
from behind and stopped his motorcycle. After stopping him, the accused
NEUTRAL CITATION NO. 2026:MPHC-GWL:8687
2 MCRC-11742-2026
persons demanded money to purchase liquor. When the complainant refused
to give them money, one of the boys bit him on his left shoulder, and the
three accused caught hold of his arm and twisted it behind his
back. Thereafter, the accused persons forcibly robbed the complainant of his
mobile phone, a gold chain, and cash amounting to ₹5,000, and fled from the
spot.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the case. He has not committed any offence. It is
further submitted that during the examination of the complainant Rajiv
Singh Gaur on 19.02.2026, the witness clearly stated before the Trial Court
that he does not know the accused persons. When the accused persons were
shown to the witness through video conferencing, the witness stated that he
does not recognize them. Further, during cross-examination, the witness
admitted that he had earlier identified a person in Morena Jail only because
the police had told him to do so. He clearly stated that he did not know
applicant Bhola earlier, does not know him now, and did not know him even
at the time of the alleged identification in jail. The applicant is permanent
resident of District Gwalior 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 State counsel has opposed the application and prays for its
rejection and submits that applicant is having criminal history of 26 cases.
Considering the overall facts and circumstances of the case, nature of
NEUTRAL CITATION NO. 2026:MPHC-GWL:8687
3 MCRC-11742-2026
allegations and particularly the ground of parity with co-accused, 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
6. The applicant will not leave India without previous permission of the trial
NEUTRAL CITATION NO. 2026:MPHC-GWL:8687
4 MCRC-11742-2026
Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
