Citation : 2026 Latest Caselaw 3027 MP
Judgement Date : 26 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10433
1 MCRC-13906-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 26th OF MARCH, 2026
MISC. CRIMINAL CASE No. 13906 of 2026
JITENDRA YADAV ALIAS JEETU AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rajmani Bansal - Advocate for the applicants.
Shri Satendra Singh Sikarwar-GA appearing for respondents/State.
ORDER
This is the first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) filed by the applicant for grant of bail.
Applicants were arrested on 25.01.2026 by Police Station Civil Line, District Morena, in connection with Crime No. 42/2026, registered for offences punishable under Sections 309(6), 115(2), 126(2), 3(5) of BNSS and Section 11/13 of the MPDVPK Act.
The allegation against the applicants is that they, along with co- accused persons, allegedly assaulted the complainant, threatened him with a firearm (katta) at his temple, and forcibly took Rs. 19 lakh and 4 mobile phones.
Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated. It is contended that there is no evidence
NEUTRAL CITATION NO. 2026:MPHC-GWL:10433
2 MCRC-13906-2026 linking them to the alleged offences. The complainant had not identified the applicants, rather some passersby, who had allegedly seen the incident had identified them in T.I.P., that too when their photographs were already appended on the arrest memo, which makes the identification doubtful. The applicants have been in custody since 25.01.2026, and the trial is likely to take considerable time for its conclusion. Both applicants are permanent residents of District Guna, and there is no likelihood of their absconding or tampering with the prosecution evidence. Co-accused persons have already been enlarged on bail in M.Cr.C. No. 9547/2026. They are ready to abide by all terms and conditions that may be imposed. In view of these submissions, a prayer for grant of bail has been made.
Learned counsel for the State vehemently opposed the application,
submitting that the allegations are serious and the investigation is ongoing, warranting custodial custody to ensure proper inquiry.
Considering the overall facts and circumstances of the case, coupled with the likelihood that the trial will not conclude in the near future and the principle that prolonged pre-trial detention is detrimental to personal liberty, this Court is inclined to extend the benefit of bail to the applicants.
Accordingly, without expressing any opinion on the merits of the case, this application is allowed, and it is directed that applicants be released on bail on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) each, along with one solvent surety of the like amount in case of each of the applicants, to the satisfaction of the Trial Court/Committal Court, for their appearance on the dates given by the concerned Court.
NEUTRAL CITATION NO. 2026:MPHC-GWL:10433
3 MCRC-13906-2026 This order shall remain operative subject to compliance with the following conditions by the applicants:
1. The applicants shall comply with all the terms and conditions of the bonds executed by them.
2. The applicants shall cooperate in the investigation and trial, as the case may be.
3. The applicants shall not induce, threaten, or promise any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer.
4. The applicants shall not commit any other offence during the pendency of the trial; failing which, this bail order shall stand automatically cancelled without further reference to the Bench.
5. The applicants shall not seek unnecessary adjournments during the trial.
6. The applicants shall not leave India without prior permission from the Trial Court/Investigating Officer.
Certified copy as per rules.
(RAJESH KUMAR GUPTA ) JUDGE
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