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Madhya Pradesh High Court
Vinay Kushwah vs The State Of Madhya Pradesh on 25 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10320
1 MCRC-12543-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 25 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 12543 of 2026
VINAY KUSHWAH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ravi Dwivedi - Advocate for the applicant.
Shri Harish Sharma - Public Prosecutor for the respondent/State.
ORDER
This is first application filed under Section 483 of BNSS for grant of bail
relating to Crime No. 207/2025 registered at Police Station -Girwai, District -
Gwalior (M.P.) for the offence under Sections 296(b), 115(2), 3(5), 304(2), 324(4)
and added 109(6) of BNS and under Section 11/13 of MPDVPK Act.
2. According to the prosecution, a dispute arose on 04.12.2025 at about
11:00 PM due to a power failure between the victim and accused Vinay
Kushwah. Subsequently, on 05.12.2025 at around 09:00 AM, at the instance of the
owner of Ram Bagh Resort Garden, the main gate was deliberately closed by the
guard, whereafter the applicant Monu Kushwah, along with co-accused Rohit
Gurjar, Nikhil Kushwah and Vinay Kushwah allegedly abused the victims and
assaulted them with sticks and iron rods. When the victim and his friends
attempted to leave in their car, they were stopped and assaulted. The victim was
beaten with kicks and punches; Tanmay Sharma was struck near the eye with a
stick; Ishan Khan's chain was snatched and he was assaulted; Sagar Sharma and
Anas Khan also sustained injuries. The accused further damaged the victim's car
NEUTRAL CITATION NO. 2026:MPHC-GWL:10320
2 MCRC-12543-2026
and allegedly looted Rs.20,000/- and valuables. On this basis, crime was
registered against the accused persons.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated. The applicant is in custody since 06.03.2026.
Investigation is almost over and charge-sheet is likely to be filed soon. All the co-
accused have been enlarged on anticipatory bail by the co-ordinate Bench of this
Court. There is no previous criminal antecedent. The applicant is permanent
resident of District Gwalior (M.P.) and there is no possibility of his absconding or
tempering with prosecution case. Under these grounds, he prays for grant of bail to
the applicant.
4. Per contra, learned counsel for the State has vehemently opposed the bail
application and prayed for its dismissal.
5. Heard learned counsel for the rival parties and perused the case diary
available on record.
6. Considering the above submissions advanced by the counsel for the
parties and facts and circumstances of the case and without expressing any opinion
on the merits of the case, this application is allowed and it is directed that the
applicant be released on bail on furnishing a personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like
amount to the satisfaction of the trial Court/committal 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;
ii) The applicant will cooperate in the investigation/trial, as the case may be;
NEUTRAL CITATION NO. 2026:MPHC-GWL:10320
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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 commit any other offence or will not repeat the
offence in future. In case, if he is found involving in offence of the same nature,
this bail order shall stand cancelled automatically without further reference to the
Bench.
v) The applicant will not seek unnecessary adjournments during the trial;
and
vi) The applicant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be.
8. Learned State counsel is directed to send an e-copy of this order to the
Station House Officer of the concerned Police Station for information and
necessary action.
9. E- copy of this order be sent to the trial Court concerned for compliance,
if possible, by the office of this Court.
10. Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
mani
