[Cites 3, Cited by 0]
Madhya Pradesh High Court
Surendra Dhakad vs The State Of Madhya Pradesh on 18 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:9701
1 MCRC-11570-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 18th OF MARCH, 2026
MISC. CRIMINAL CASE No. 11570 of 2026
SURENDRA DHAKAD
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Atul Gupta - Advocate for the petitioner [P-1].
Shri Samar Ghuraiya Dy Ga appearing on behalf of Advocate
General[r-1].
ORDER
This is fourth bail application under Section 483 of BNSS filed by the
applicant for grant of bail. Earlier bail application was dismissed as
withdrawn vide order dated 14.5.2025 passed in M.Cr.C.No.11916 of 2025.
The applicant has been arrested on 20.2.2023 by Police Station-
Gwalior, District Gwalior in connection with Crime No.100/2023, registered
in relation to the offence punishable under Sections 302 and 201 of IPC.
As per the prosecution story, the deceased, Reena Devi, had been
living separately from her husband for the last 3-4 years along with her child
in a rented house at Sheelnagar. On 18.02.2023 at about 11:30 PM, the son of
the deceased brought her in a dead condition by ambulance to her husband at
Inguri, District Bhind. It was observed that blood was coming from the left
ear of the deceased and there was a ligature mark on her neck. On being
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asked by her husband as to who had accompanied him, the son stated that the
present applicant/accused had come along but got down before reaching the
village. He further stated that the accused had been living with the deceased
for the past 7-8 months. On the basis of the said information, a merg
intimation bearing No. 07/2023 under Section 174 of the Cr.P.C. was
registered at Police Station Gwalior and thereafter a case bearing Crime No.
100/2023 was registered at Police Station Gwalior, District Gwalior against
the present applicant/accused under Sections 302 and 201 of the IPC.
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 out of a total of 41 prosecution witnesses, only 12
witnesses have been examined till date. As per the prosecution case, the
entire case rests upon circumstantial evidence. It is submitted that the chain
of circumstances is incomplete and suffers from several missing links, which
prima facie indicates the innocence of the present applicant. The statements
of the material witnesses have already been recorded before the trial Court;
therefore, there is no likelihood of the applicant tampering with the
prosecution evidence. It is further submitted that the testimony of the son of
the deceased clearly states that the present applicant was not present in the
house at the time of the alleged incident, which materially weakens the
prosecution case. Trial will take time for its conclusion. 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
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submissions, prayer for grant of bail is made out.
Learned counsel for the State vehemently opposed the application and
prayed for its rejection.
Considering the overall facts and circumstances of the case, nature of
allegations and 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
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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.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
