[Cites 6, Cited by 0]
Madhya Pradesh High Court
Raja Hashmi vs The State Of Madhya Pradesh on 25 March, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:8133
1 MCRC-10989-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 25th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10989 of 2026
RAJA HASHMI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Yadav - Advocate for the applicant.
Shri Gajendra Singh Dodia-GA appearing on behalf of Advocate
General[r-1].
Shri Ritesh Kumar Sone, Advocate for the respondent [OBJ].
ORDER
1] They are heard. Perused the case diary / challan papers.
2] This is the first bail application filed by applicant under Section 483
BHARTIYA NAGRIK SURAKSHA SANHITA, 2023/ section 439 of
Cr.P.C. as he is implicated in connection with Crime No.97/2025 registered
at Police Station Pandrinath, District Indore (MP) for offence punishable
under Sections 119(1), 308(4), 351(2) and 3(5) of BNS. The applicant is in
custody since 26-10-2025.
3] Allegation against the present applicant is of extortion and putting
various persons in fear of death and grievous hurt. It is alleged that the
applicant and other co-accused persons extorted the complainant and other
transgender persons, who, out of fear, consumed phenolyn.
4] Counsel for the applicant has submitted that, admittedly, only bald
allegations have been levelled against the applicant of extortion, and there is
nothing on record to suggest that anything was extorted from the
complainant or any other persons. It is also submitted that the persons who
NEUTRAL CITATION NO. 2026:MPHC-IND:8133
2 MCRC-10989-2026
had consumed phenolyn have already been discharged from the hospital. It is
also submitted that it is a dispute between two factions of transgender
communities, and only with a view to wreak vengeance, various false cases
have been slapped against the applicant, who belongs to one such faction.
5] Counsel for the applicant has submitted that in other cases lodged
against the applicant making false allegations, he has already been granted
bail by this Court vide order dated 3.2.2026 and order dated 18.2.2026
passed in MCRC.No.60020/2025 and MCRC.No.5766/2026. It is further
submitted that the applicant is lodged in jail since 26.10.2025 and the
conclusion of trial will take sufficiently long time. Thus, it is prayed that the
application be allowed.
6] Counsel for the respondent/State has opposed the prayer.
7] Counsel for the respondent/objector has vehemently opposed the
prayer and has submitted that as many as 24 members of the transgender
community had consumed phenolyn and had it not been for the atrocities
committed by the applicant, they would never have taken such drastic steps.
Thus, it is submitted that no case for grant of bail is made out as there are as
many as other six cases registered against the present applicant.
8] Having considered the rival submissions and on perusal of the case
diary, it is found that the dispute is going on between two factions of
transgender communities and various cases have also been lodged against
the applicant and other co-accused persons of one faction of the community.
So far as the present applicant is concerned, although the allegation has been
leveled against the applicant of extortion, but admittedly there is no tangible
material available on record to connect him with the offence. It is also found
that none of the persons, who consumed phenolyn suffered any injury. In
view of the same, considering the fact that the applicant is lodged in jail
since 26.10.2025, the charge sheet has already been filed and the conclusion
of trial will take sufficiently long time, this Court is inclined to allow the
application.
9] Accordingly, without commenting on the merits of the case, the
application filed by the applicant is hereby allowed. The applicant is directed
to be released on bail upon furnishing a personal bond in the sum of
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Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the
like amount to the satisfaction of the trial Court for his/her regular
appearance before the trial Court during trial with a condition that he / she
shall remain present before the court concerned during trial and shall also
abide by the conditions enumerated under Section 437 (3) Criminal
Procedure Code, 1973.
10] Accordingly, the application is allowed and disposed of.
(SUBODH ABHYANKAR)
JUDGE
das
