Citation : 2026 Latest Caselaw 2936 MP
Judgement Date : 24 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10087
1 MCRC-10385-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 24th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10385 of 2026
BHARAT SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ravi Dwivedi - Advocate for the applicant.
Shri Harish Sharma - PP for the State.
ORDER
This is first application filed by applicant under Section 482 of BNSS for grant of anticipatory bail.
2. The applicant apprehends his arrest in connection with Crime No.25/2025 registered at Police Station - Bhanwarpura District Gwalior (M.P.) for the offence punishable under Sections 115(2), 351(2), 296 (A), 118(1), 3(5) and 118(2) of BNS.
3. As per prosecution story, the complainant-Ramakhtyar lodged a
report stating that on 13.12.2025, at around 11:30 a.m., they were cleaning a field near Londupura Tiraha. At that time, the accused Banwari Gurjar, Jandel Gurjar, Rameshwar Gurjar, Dharmendra Gurjar and Virendra Gurjar came and began verbally abusing them. When the complainants refused to respond to the abuses, the accused persons assaulted them with an axe, rods, and sticks. Accused Jandel struck the complainant Ramakhtyar on the head
NEUTRAL CITATION NO. 2026:MPHC-GWL:10087
2 MCRC-10385-2026 with a stick. Accused Rameshwar, holding a stone, struck the complainant's brother, Rambaran, on the head. At that time, accused Bharat Gurjar (present applicant) and Banwari Gurjar also arrived, hurling abuses. The co-accused Banwari struck Rinku on the leg with an iron rod, and accused Virendra struck Rinku on the forehead with an axe. Accused Isso struck Rinku on the waist with a stick, and accused Bharat Gurjar struck Balister on the head with an axe, causing serious injuries to the aggrieved party.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The main allegation is against the co-accused Virendra, and the only allegation against the present applicant is that he was associated with the co-accused persons. It is further submitted that the complainant party had assaulted the applicant's associates, for which
a cross-case was registered. To evade this, the present offense has allegedly been registered. The complainant party itself was the aggressor, having initially assaulted the accused persons. Another co-accused persons namely- Dharmendra Singh Gurjar, Banwari, Rameswar Singh Gurjar, and Jandel Singh have already been enlarged on bail by the co-ordinate Bench of this Court. Hence, applicant seeks parity also. As per allegations, the present applicant allegedly caused injury to Balister and as per the MLC report, Balister sustained simple injuries caused by means of hard and blunt object not by the sharp weapon. The applicant is a permanent resident of District Gwalior, and there is no likelihood of his absconding or tampering with prosecution evidence. In view of these grounds, counsel prays for the grant of anticipatory bail to the applicant.
NEUTRAL CITATION NO. 2026:MPHC-GWL:10087
3 MCRC-10385-2026
5. On the other hand, learned counsel for the State opposed the bail application and prays for its dismissal.
6. Heard counsel for parties and perused the case diary.
7. Considering the facts and circumstances and on the ground of parity also, but without commenting upon the merits of the case, this Court is inclined to grant the benefit of anticipatory bail to the present applicant.
8. It is hereby directed that in the event of arrest, the applicant shall be enlarged on bail on 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 Arresting Officer for his appearance before it during the course of investigation or before the trial Court concerned during trial, as the case may be.
9. 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;
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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
iv) The applicant will not seek unnecessary adjournments during the
trial;
NEUTRAL CITATION NO. 2026:MPHC-GWL:10087
4 MCRC-10385-2026
v) The applicant shall not commit any other offence during the period of bail;
vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
10. Copy of this order be sent to the trial Court/Police Station concerned for compliance.
11. Certified copy as per rules.
(RAJESH KUMAR GUPTA ) JUDGE
Vishal
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