[Cites 4, Cited by 0]
Madhya Pradesh High Court
Abhishek Ucchariya vs The State Of Madhya Pradesh on 13 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8847
1 MCRC-12033-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 13th OF MARCH, 2026
MISC. CRIMINAL CASE No. 12033 of 2026
ABHISHEK UCCHARIYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Hemant Singh Rana - Advocate for the applicant.
Shri Atul Kumar Sharma - Public Prosecutor for the State.
ORDER
This is the first bail application 483 of BNSS (439 of Cr.P.C.) filed by
the applicant for grant of bail. He has been arrested on 30.01.2026 by Police
Station Thatipur, District Gwalior in connection with Crime No.26 of
2026 registered in relation to the offence punishable under Sections 25, 27,
25(1)(AA) of the Arms Act.
As per prosecution story, Head Constable Shiromani Singh of Police
Station Thatipur, while on patrolling duty, received information from an
informer that a person is standing on Marghat Road near the boundary wall
of the cremation ground and across the river at Tal, Thatipur, and is in
possession of a weapon and is waiting there either with the intention of
committing some offence or to sell the weapon. For verification of the
information, the Head Constable informed Constables Indraprakash Parmar
and Neeraj Mawai about the tip-off and proceeded to the place indicated by
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the informer. On reaching the spot, they noticed a person standing there who,
upon seeing the police, attempted to hide himself. With the assistance of the
accompanying police force, the said person was apprehended. Upon inquiry,
he disclosed his name as Abhishek (present applicant), son of Umakant
Uchariya. During the search of the said person, one country-made pistol and
one live cartridge were recovered from the right pocket of his pants. When
asked to produce a valid licence for possessing the pistol and the live
cartridge, he stated that he did not have any such licence. On this basis, a
First Information Report was registered at Police Station Thatipur, District
Gwalior, as Crime No. 26/2026 under Sections 25 and 27 of the Arms Act.
During the course of investigation, on the basis of the memorandum
statement of the applicant/accused recorded under the provisions of the
Indian Evidence Act, it was disclosed that he had sold one country-made
revolver along with one live cartridge to a juvenile in conflict with law,
namely Nakul Kansana, son of Bhura Kansana, aged 17 years, resident of
Mela Dullapur, Thatipur, Gwalior. On the basis of the said information, one
revolver along with a live cartridge was also stated to have been seized from
the co-accused Nakul Kansana. On the basis of the aforesaid facts, Section
25(1)(AA) of the Arms Act was additionally invoked against the
applicant/accused.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. The applicant has not
committed any offence as alleged by the prosecution and the alleged
recovery has been falsely planted upon him. It is further submitted that the
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applicant has been arrested on 30.01.2026 and since then he is in judicial
custody. Learned counsel for the applicant submits that the alleged seizure
has been shown to have been made from a public place and no independent
witness has been associated with the alleged recovery. It is also submitted
that the case of the prosecution mainly rests upon the memorandum
statement of the applicant recorded during investigation and the same is not
admissible in evidence except to the limited extent as provided under law.
Learned counsel further submits that the investigation is substantially
complete and the charge-sheet is likely to take considerable time for
conclusion of trial. The continued incarceration of the applicant would serve
no useful purpose. It is further submitted that trial will take time for its
conclusion and 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.
Per contra, learned Public Prosecutor for the State vehemently opposed
the application and prayed for its rejection by submitting that the applicant is
having three criminal antecedents.
Considering the overall facts and circumstances of the case 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
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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;
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.
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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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