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Madhya Pradesh High Court
Savant Sisodiya vs The State Of Madhya Pradesh on 13 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8857
1 MCRC-10458-2026
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. 10458 of 2026
SAVANT SISODIYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Suresh Pal Singh Gurjar - Advocate for applicant.
Shri Harish Sharma - Deputy Govt. Advocate for respondent/State.
Shri Naval Kishor Gupta - Advocate for respondent [COMP].
ORDER
This is first bail application under Section 483 of BNSS filed by the
applicant for grant of bail.
2. The applicant has been arrested on 02.02.2026 in connection with
crime No.22/2026 registered at Police Station Sirol District Gwalior (M.P.)
for the alleged commission of offences under Sections 303(2) added Section
238, 61(2), 317(2), 95 of BNS.
3. As per prosecution case, on 26.01.2026, a reception ceremony for
the wedding of the complainant Alok Saxena's son was being held at
Manthan Banquet, Dongarpur, Sirol. At approximately 9:30 PM, his wife
Mrs. Bela Saxena placed her ladies handbag on a chair beside the sofa on the
stage and began posing for photographs. During this time, an unknown
person arrived and stole the said handbag belonging to his wife. The bag
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contained cash amounting to Rs.20,000/-, 10-12 gift envelopes given by
guests, one mobile phone (iPhone 16 Pro), diamond ear tops, house keys, and
her debit and credit cards, among other items. Upon discovering the theft, the
complainant's nephew Nitin Agrawal informed the police by telephone, after
which the police arrived at the spot and initiated necessary proceedings. On
the basis of the information provided by the complainant, Police Station Sirol
registered Crime No. 22/2026 under Section 303(2) of the Bharatiya Nyaya
Sanhita (BNS) and took up the matter for investigation. During the course of
the investigation, Sections 238, 61(2), 317(2), and 95 of the BNS were
further added to the case.
4. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is contended
that the applicant has been arrayed as an accused solely on the basis of the
memorandum statement of the co-accused, recorded under Section 27 of the
Indian Evidence Act. Except for the said memorandum statement, there is no
independent, cogent, or corroborative material available on record to prima
facie connect the applicant with the commission of the alleged offence. It is a
settled position of law that a memorandum statement of a co-accused, in the
absence of any independent corroboration, is insufficient to establish
involvement. The conclusion of trial is likely to take considerable time. The
applicant is a permanent resident of District Rajgarh and there is no
likelihood of his absconding or fleeing from justice. The applicant
undertakes to abide by any condition that may be imposed by this Hon'ble
Court and assures that he shall not tamper with the prosecution evidence or
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influence any witness. In view of the facts and circumstances stated
hereinabove, it is prayed that this Hon'ble Court may be pleased to enlarge
the applicant on bail.
5. Per contra, learned counsel for the State vehemently opposes the
bail application and prays for its rejection submitting that the applicant has
cirminal antecedents of four criminal cases.
6. Learned counsel for the complainant vehemently opposes the bail
application and prayed for its rejeciton.
7. Heard counsel for the parties and perused the case diary.
8. Considering all the facts and circumstances of the case, arguments
advanced by both the parties 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.
9. Accordingly, without commenting on merits of the case, this bail
application is allowed. It is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
Only) with one solvent surety in the like amount to the satisfaction of the
concerned trial Court for his appearance before it on the dates given by the
concerned Court.
10. 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;
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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/her 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 Court/Investigating Officer, as the case may be.
11. Copy of this order be sent to the trial Court concerned for
compliance.
12. Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
