[Cites 2, Cited by 0]
Madhya Pradesh High Court
Mohd. Khalid @ Khan Sahab vs The State Of Madhya Pradesh on 23 March, 2026
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 23rd OF MARCH, 2026
MISC. CRIMINAL CASE No. 12486 of 2026
MOHD. KHALID @ KHAN SAHAB
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ghan Shyam Pandey - Advocate for the applicant.
Shri Aditya Gupta - Panel Lawyer for the respondent/State.
ORDER
This is first application filed by the applicant under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to
FIR/Crime No. 541/2025 registered at Police Station - Hanumantal, District
Jabalpur for the offences punishable under Sections 296, 109(1), 3(5) of
B.N.S, 2023 and Section 25 of Arms Act. Applicant is in detention since
04.09.2025.
2. Learned counsel for the applicant submits that the applicant is
behind bar since 04.09.2025. Applicant is aged about 29 years. It is further
submitted that considering the allegation made in the FIR and statements of
the witnesses, the role of the present applicant is attributed to the extent of
inciting other accused persons and also giving abuses to the victim. As per
the case of prosecution, the applicant has not played any active role by giving
any blow to any of the injured persons. He has submitted that there are six
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criminal antecedents of the applicant, however most of them are of minor
offences and considering the nature of allegation in the present application
and as the applicant is behind bar for last six months, his application may be
considered. It is further submitted that he will abide by all the conditions
imposed by the Court, it is prayed discretion may be exercised and applicant
may be released on bail, pending the trial.
3. Learned counsel for the State has opposed the prayer for grant of
bail by stating that the recovery of knife is made from the present applicant.
Considering the fact that there are many persons involved in the place of
incident, the common intention is required to be attributed to him and,
therefore, role of the applicant is not required to be seen at this stage. He has
submitted that there are six criminal antecedents and, therefore, he should be
considered as habitual offender and on that count also the bail is not required
to be considered as criterial for consideration of bail is required to be
considered after considering the antecedents as well as the seriousness of
offence and other factors and, therefore, he prays for rejection this bail
application.
4. I have considered the rival submission made at the Bar and perused
the case diary.
5. It transpires that as per the case of the prosecution from the FIR and
the other statements of witnesses, the role attributed to the present applicant
is to the extent of giving abuses to the injured persons and also to the extent
of inciting the other accused persons. The applicant is aged about 29 years,
though he is having six criminal antecedents, considering his involvement in
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the present offence, allegation regarding involvement of the present applicant
and on perusal of the case diary and considering that he is behind bar since
last six months, trial will take considerable time to conclude and considering
the principle 'bail is the rule, jail is an exception' as well as Article 21 of the
Constitution of India, but without expressing any view on the merits of the
case, I deem it a fit case to release the applicant on bail. Therefore, the
application is allowed.
6. It is directed that applicant be released on bail on his 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, for
his regular appearance before the trial Court during trial with a condition that
he shall remain present before the concerned Court on all the dates fixed by
it during trial. He shall abide by all the conditions enumerated under Section
480(3) of BNSS, 2023. He will not indulge in any such activity which affects
the process of investigation process of trial in any manner. He shall regularly
mark his presence before the concerned Police Station on every Tuesday of
every month till trial gets over. He will not try to influence any of the
witnesses during the course of trial.
7. He shall strictly follow all above mentioned conditions. He shall not
violate any of the conditions otherwise it will be open for the prosecution to
pray for cancellation of bail.
8. This order shall be effective till the end of the trial. However, in
case of bail jump and breach of any of the conditions of bail, it shall become
ineffective.
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Certified copy as per rules.
(SANDEEP N. BHATT)
JUDGE
b
