[Cites 0, Cited by 0]
Madhya Pradesh High Court
Abhishek Kushwaha vs The State Of Madhya Pradesh on 20 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1 MCRC-12026-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
MCRC No. 12026 of 2026
(ABHISHEK KUSHWAHA Vs THE STATE OF MADHYA PRADESH )
Dated : 20-03-2026
Shri Rajkumar Awasthi - Advocate for applicant.
Shri Samar Ghuraiya - Deputy Govt. Advocate for respondent/State.
Heard on IA No.5684/22026, an application for interim bail.
The applicant has been arrested on 22.09.2024 by Police Station
Indergarh, District Datia in connection with Crime No.326 of 2024
registered in relation to the offence punishable under Sections 137(2), 64(1),
87 of BNS, 2023 and Sections 9, 10 of the POSCO Act.
Learned counsel for the applicant submits that the applicant has been
suffering from tuberculosis, for which an operation was conducted by the jail
administration; however, subsequent to the said procedure, lumps have
developed in his throat, due to which he is unable to consume food or water,
and as adequate medical treatment for his condition is not available within
the jail, there exists a serious apprehension that, in the absence of proper
treatment, an untoward incident may occur at any time; therefore, in such
circumstances, it is most humbly prayed that the present application be
allowed and the applicant be released on interim bail for a period of three
months for the purpose of obtaining proper medical treatment.
Learned counsel for the State submits that, in compliance with the
order dated 13.03.2026, a health status report of the applicant was
requisitioned. As per the said report, the applicant is suffering from T.B.
2 MCRC-12026-2026
cervical lymphadenopathy and has been undergoing regular medical
treatment since 28.11.2025.
Having considered the submissions made by learned counsel for the
parties and upon perusal of the documents available on record, this Court, in
the interest of justice, is inclined to allow the application for interim bail to a
limited extent, solely for the purpose of enabling the applicant to obtain
appropriate medical treatment. Accordingly, the applicant is directed to be
released on temporary/interim bail for a period of one month, commencing
from 23.03.2026 to 23.04.2026, upon furnishing a personal bond in the sum
of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety
of the like amount to the satisfaction of the concerned Trial Court.
The applicant shall surrender before the concerned Trial Court on
24.04.2026. In case of failure to surrender on the aforesaid date, the interim
bail order shall stand cancelled automatically without any further reference to
this Court. The concerned Trial Court shall submit a surrender report of the
applicant to the Registry of this Court for information. In the event of non-
compliance with the surrender direction, the concerned Trial Court shall take
appropriate steps to secure the arrest of the applicant in accordance with law.
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 MCRC-12026-2026
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 or to the Police Officer,
as the case may be;
4. The applicant will not seek unnecessary adjournments during the
trial; and
5. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the concerned trial Court for
compliance.
IA No.5684/2026 stands disposed of.
List the matter after period of one month for consideration.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
