Citation : 2026 Latest Caselaw 2865 MP
Judgement Date : 23 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:23749
1 MCRC-11785-2026
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. 11785 of 2026
DURGA SHANKAR SINGRAHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Piyush Pathak - 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.1221/2025 registered at Police Station - Adhartal, District Jabalpur for offences punishable under Sections 64(1), 70(1), 74, 127(2) and 351(2) of BNS. Applicant is in detention since 26.12.2025.
2. The counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the offence. He is behind bars
since 26.12.2025. It is further submitted that applicant aged about 58 years and Government servant. Charge-sheet is filed. From the perusal of charge- sheet paper, no believable material which can connect the present applicant in crime location. It is submitted that the looking to the chart of the place of incident which happens on the holiday i.e. 25.12.2025.The conduct of the applicant indicates that she did not raise any objection, and no one heard her
NEUTRAL CITATION NO. 2026:MPHC-JBP:23749
2 MCRC-11785-2026 shouting. Therefore, the prosecution's version of the story is doubtful in this regard. He has submitted that the statement of the prosecutrix recorded under Section 183 of the BNS and the version of the FIR do not support each other with regard to the place of the incident in its entirety. He further submitted that the He has further submitted that the trial will take its own time to conclude, therefore it is prayed that the applicant be released on bail.
3. Per contra, counsel for the State has opposed the same by submitting that the present applicant has played a main role and the fact that he tried to elope the present prosecutix by giving promise for some employment and she has gone with the present applicant and thereafter the such incident has taken place. There is sufficient material to connect the present applicant is involved in the offence and therefore, the bail application
is not required to be considered and prays for its rejection.
4. Heard the submissions made at the bar and perused the case diary.
5. Considering the fact that the investigation is completed and charge sheet is also filed. Considering the age of the applicant i.e.58 years and he Government servant and he behind bar since 26.12.2025 and considering the paper of charge-sheet, no other independent witness is found from the record. Prma facie, place of incident is government quarter and day of incident is 25.12.2025. Considering the totality of facts and circumstances, 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 by imposing strict conditions. Accordingly, the application is allowed.
NEUTRAL CITATION NO. 2026:MPHC-JBP:23749
3 MCRC-11785-2026 However, considering the conduct of the applicant for evading arrest, appropriate condition are also required to be imposed. The applicant shall provide his current address and his functional mobile number to the concerned police station.
6. It is directed that the applicant shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. In addition to this, (1) he will not act in any manner which influence the proceedings of trial or influence any of the witnesses; (2) he will not indulge in any criminal activity by musing the liberty granted by this order; (3) the applicant shall remain present at the time of trial without any default; (4) applicant shall also mark his presence on every first Monday of each month before the concerned Police Station till the trial gets over; (5) he shall make himself available as and when required in trial.
7 . It is clarified that if any of the above conditions are violated, it is open for the prosecution to pray for cancellation of bail and this order shall stand automatically cancelled and police and trial Court shall be at liberty to commit him in jail and they shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
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.
NEUTRAL CITATION NO. 2026:MPHC-JBP:23749
4 MCRC-11785-2026 Certified copy as per rules.
(SANDEEP N. BHATT) JUDGE
R
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