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Madhya Pradesh High Court
Pradeep Sen vs The State Of Madhya Pradesh on 23 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:23706
1 MCRC-7429-2026
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. 7429 of 2026
PRADEEP SEN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ahmad Shahid Hushain - Advocate for the applicant.
Ms. Shweta Yadav - Deputy Advocate General for the
respondent/State.
ORDER
This is third bail 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.302/2025 registered at Police Station - Shahpura
Jabalpur for the offence punishable under Sections 336(3), 340(2), 318(4)
and 338 of the BNS and Section 65 of IT Act. Earlier two bail applications
were dismissed as withdrawn with liberty to file after the charge-sheet has
been filed and after completing the period of two months.
2. Learned counsel for the applicant submits that the applicant is
behind bar since 30.10.2025. Applicant is aged about 26 years and runs a
bushiness a photography shop. He further submitted that one witness has
been examined out of 14 witnesses.Applicant has no criminal antecedent.
Investigation is complete and charge-sheet has been filed. He further
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submitted that the applicant is ready to abide by all the conditions which will
be imposed by the Court. On the aforesaid grounds, 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 submitting that he is indulging in such activity regularly. There is
many forged documents are found from his possession. She further submitted
that on further examination by the forensic science Laboratory, other
necessary electronic items are also seized from his possession. FSL report is
awaited. There is sufficient material against present applicant to connect the
case in question and there is looking to the seriousness of offence. She
further submitted that the concerned officer, Shri Praveen Dhurve, Station
House Officer, is present in person who inspected last time. She has made a
statement that there was one criminal antecedent against the present
applicant which is verified by the learned counsel for the applicant. In view
of the fact that officer is present and he has also submitted that due to a
similarity in the names of accused person, therefore, the bail application is
not required to be considered and prays for its rejection.
4. I have considered the rival submission made at the Bar and perused
the case diary.
5. Considering the above facts and circumstances and also considering
the fact that the applicant is a young boy of 26 years. Charge-sheet is filed.
No further custodial interrogation is required of the applicant. Considering
the totality of facts and circumstances of the case and considering the period
of imprisonment which is more than 5 months. Since the only one witness is
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examined out of 14 witnesses. Considering the principle 'bail is the rule, jail
is an exception' as well as Article 21 of the Constitution of India, I deem it a
fit case to release the applicant on bail. Accordingly, without expressing
anything on the merits, 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. 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 misusing 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 1st
and 3rd Saturday in the each month before the concerned Police Station till
the trial gets over; (5) he shall make himself available as and when required
during the trial. The applicant shall provide his current address and his
functional mobile number to the concerned police station as well as
concerned trial Court.
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. Now considering the aspect that on earlier
occasion incorrect statement made by the counsel for the State due to wrong
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information given by the concerned Officer. Though, it may not be
deliberated but due to such negligent act of the officer concerned, the courts
might have passed the order by influencing the fact that there is one criminal
antecedent against the present applicant. Considering the such fact by
warning to the concerned officer and also this Court is of the view that the
Court should take serious cognizance of such negligent act of the concerned
officer and impose a cost of Rs.10,000/- which is required to be deposited by
the concerned officer within a week from today before M.P. Legal Services
Authority and the receipt of the same shall be produced before the Registry.
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.
Certified copy as per rules
(SANDEEP N. BHATT)
JUDGE
R
