Citation : 2026 Latest Caselaw 2871 MP
Judgement Date : 23 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:9914
1 MCRC-10066-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 23 rd OF MARCH, 2026
MISC. CRIMINAL CASE No. 10066 of 2026
RAM GOPAL KHARE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arshad Ali, learned counsel for the applicant.
Shri Satendra Singh Sikarwar, PP for the State.
ORDER
The applicant has filed this first bail application u/S.483 of BNSS for grant of bail. Applicant has been arrested on 03.02.2026 by Police Station- Mata Basaiya, Morena, District- Morena, in connection with Crime No.136/2025 for the offence punishable under Sections 105 of BNS readwith Section 24 of the M.P. Medical Council Act.
2. The prosecution story in short is that the complainant/Murari Kushwaha stated that on 19.09.2025, Neeraj Kushwaha suddenly fell ill, experiencing vomiting and fever which continued. On 20.09.2025 at around 4:00 PM, mother
of Neeraj Kushwaha/Basanti and his wife Anjana took him for treatment to the private clinic of applicant Ramgopal Jatav. The applicant provided treatment, however, the boy's condition deteriorated and became unconscious and froth started coming out of his mouth. Thereafter, the applicant sent Neeraj in a vehicle, in a serious condition, along with his wife Basanti to the District Hospital, Morena. At the District Hospital Morena, the doctor examined Neeraj and declared him dead. On the aforesaid incident, the case was registered.
NEUTRAL CITATION NO. 2026:MPHC-GWL:9914
2 MCRC-10066-2026
3. It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 03.02.2026. It is further submitted that the present applicant has not committed any offence under the provisions of Section 105 of BNS. He has been falsely implicated in this case. The medical report reveals that the cause of death is cardio failure and suffering kidneys related problems. No directed or indirect connection of present applicant with the offence. Investigation is over and charge-sheet has already been filed. Applicant does not bear any criminal record. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. There is no requirement of custodial interrogation in the matter. He would abide by the terms and conditions as imposed by this Court. Under these grounds, counsel prayed for bail.
4. Learned PP for the respondent/State opposed the prayer and prayed for dismissal of this application.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the submissions advanced by the learned counsel for the parties and looking to the facts and circumstances of the case, but without commenting on the merits of the case, application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.
7. This order will remain operative subject to compliance of the following conditions by the applicant:-
i. The applicant will comply with all the terms and conditions of the bond executed by him;
NEUTRAL CITATION NO. 2026:MPHC-GWL:9914
3 MCRC-10066-2026 ii. The applicant will cooperate in the investigation/trial, as the case may be;
iii. 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;
iv. The applicant shall not involve in any criminal activities in future and shall not commit an offence similar to the offence of which he is accused;
v. The applicant will not seek unnecessary adjournments during the trial; vi. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
8. Application stands allowed and disposed of.
9. Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
(RAJESH KUMAR GUPTA ) JUDGE
Rashid
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