[Cites 2, Cited by 0]
Madhya Pradesh High Court
Jagannath vs The State Of Madhya Pradesh on 12 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:6626
1 MCRC-10726-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 12th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10726 of 2026
JAGANNATH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Ms. Shivani Patidar, Advocate for the applicant.
Shri Viraj Godha, Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section 483
of BNSS, 2023 for grant of bail in connection with Crime No.125/2022
registered at Police Station-Jaora City, District Ratlam(M.P.) for offence
punishable under Section 379 of IPC. Applicant is in judicial custody since
19.01.2026.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant is falsely implicated
in the alleged offence merely on the basis of suspicion. No incriminating
material, much less, the article of theft was recovered at the instance of
applicant. No offence, as alleged, is committed by the present applicant. The
NEUTRAL CITATION NO. 2026:MPHC-IND:6626
2 MCRC-10726-2026
final report has been submitted on completion of investigation. There is no
likelihood of tampering with evidence by the applicant. Jail incarceration is
causing hardship to the applicant and his dependent family members.
Applicant is ready to cooperate in the trial.
Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel refers to 08 criminal
antecedent against the applicant, as mentioned in the case diary. The
applicant is aged 36 years and is labourer by profession.
In reply, learned counsel for the applicant submits that applicant was
acquitted in four matters on the basis of compromise. The others matters are
pending for trial. The applicant has never been convicted.
According to the material available on case diary, Hiralal Jat reported
to P.S. Jaora on 30.04.2022 that his Platina motorcycle was stolen from the
Hotel near Jaora Court. The P.S. Jaora registered FIR for offence punishable
under Section 379 of IPC against unknown offenders. Naeem Khan and
Firoz were apprehended. They informed that they had stolen the Platina
motorcycle and gave it to Jagannath(applicant). The motorcycle was
recovered in relation to other crime. The applicant was arrested on
19.01.2026. He is in custody ever since. The final report was submitted on
completion of investigation. The trial would take time to conclude. The
veracity of prosecution and complicity of the applicant will be determined
after evidence in the trial.
As informed, the applicant has family responsibility of dependent
family. Considering these aspects, there appears to be no possibility of
NEUTRAL CITATION NO. 2026:MPHC-IND:6626
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fleeing from justice. In absence of any 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 witnesses by the applicant. There appears to be no
compelling reason to continue incarceration of the applicant. The offence is
triable by JMFC. However, the observations, herein-above, are recorded for
present application only.
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, but with certain
stringent conditions in view of criminal antecedents. Thus, the application is
allowed.
Accordingly, it is directed that applicant - Jagannath 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.75,000/-(Rupees
Seventy Five 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 under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned
court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(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) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या
NEUTRAL CITATION NO. 2026:MPHC-IND:6626
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वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से
िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(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) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय
नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
(6) The applicant shall mark his presence before the SHO, P.S.- Jaora City, District
Ratlam(M.P.) on first Saturday of every month till conclusion of trial. A copy of
this order be forwarded to the concerned SHO for compliance with the case diary.
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 from this order.
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 had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
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