[Cites 2, Cited by 0]
Madhya Pradesh High Court
Kayam vs The State Of Madhya Pradesh on 26 March, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:8192
1 MCRC-6605-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 26th OF MARCH, 2026
MISC. CRIMINAL CASE No. 6605 of 2026
KAYAM
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Gupta - Advocate for the applicant.
Shri Surendra Gupta GA for the State.
Shri Rajesh Yadav, learned counsel for the respondent [OBJ].
ORDER
1. This third application has been filed by applicant under
Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of
regular bail in connection with Crime No.653/2024 registered at Police
Station-Badnagar, District Ujjain(M.P.) for offence punishable under
Sections 109, 296, 191(2), 191(3), 190, 103(1) of BNS, 2023 and
Section 25 of Arms Act. The applicant is in judicial custody since
10.12.2024. First application of the applicant for grant of temporary bail
has been dismissed as withdrawn vide order dated 02/09/2025 passed in
M.Cr.C. No.38500/2025. His second application for grant of temporary
bail was allowed vide order dated 26/12/2025 passed in MCRC no.
59659 of 2025. Thereafter, witnesses Aashif Kha(PW1), Sabir
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Kha(PW2), Altaf Kha(PW3), Naahru(PW4), Afsana(PW5) and
Raees(PW6) have been examined.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application,
case diary and the relevant material on record.
4. Learned counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant is falsely
implicated in the alleged offence. Minor altercation over previous
dispute of elopement of Sameer S/o Rustam Kha with Muskan D/o
Raees Kha aggravated into physical scuffle between the parties wherein,
both the parties assaulted each other. Learned counsel referring to the
cross case registered at Crime No.654/2024 contends that Altaf,
Rahimuddin, Aashif and Aabid of the accused party had sustained
injuries in the same incident. Altaf had sustained fracture of parietal
cranium bone on his skull. The offence punishable under Section 109 of
BNS, 2023 with other offences was registered against the complainant
party. It is a case of free fight. Learned counsel further submits that it is a
case of false-over implication wherein applicant was impleaded on
general and omnibus allegation of dashing Aasif with tractor and assault
by wooden stick. Aasif sustained simple injury. There is no allegation of
assault to deceased Shahjad by the applicant. No offence, as alleged, is
committed by the applicant. The final report is submitted on completion
of investigation. The material prosecution witnesses Aashif Kha(PW1),
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Sabir Kha(PW2), Altaf Kha(PW3), Naahru(PW4), Afsana(PW5) and
Raees(PW6) have been examined. There is no likelihood of tampering
with remaining evidence by the applicant. Only six witnesses out of 57
enlisted witnesses could be examined till date. The trial would take time
to conclude. Jail incarceration on false allegation is causing hardship to
the applicant. Co-accused Mounnudin was extended benefit of bail vide
order dated 23/01/2026 passed in MCRC no. 1416/2026. Applicant is
ready to cooperate in the trial.
5. Per contra, learned counsel for the State ably assisted by the
learned counsel for the objector opposes the application on the ground of
gravity of alleged offence. Learned counsel further refers to one
criminal antecedent reported against the applicant as mentioned in the
case diary. Applicant is aged around 45 years and is an agriculturist by
profession.
6. In reply, learned counsel for the applicant submits that the
applicant was acquitted in Crime no. 161 of 2016 vide judgment dated
26/12/2025 passed in RCT no. 414 of 2016.
7. According to accusation on case diary, Sameer Kha eloped
with Muskan. Therefore, Raees Khan and his family had enmity with
Rustam Kha father of Sameer Kha. On 04.12.2024, around 09.00 in the
morning, Aashif Kha, Shahjad Kha, Raees Kha, Naahru, Rustam, Altaf
and Afsana were sowing their agricultural field. Aabid, Ramzan, Rahim,
Anwar, Juned Kayam, Moin, Rafiq and Manjur went to the field of
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Aashif Kha. They abused Aashif Kha and his family members in filthy
language. Kayam (applicant) and Moin tried to run over tractor on the
complainant party. Aabid, Ramzan and Altaf assaulted Shahjad Khan
with Dhariya. Shahjad sustained injury on his head, abdomen and chest.
Rafiq assaulted Raees with Dhariya. Anwar assaulted Raees with
wooden stick. Kayam and Moin also joined the quarrel. Rahim, Juned,
Kayam, Moin and Manjur assaulted Naahru, Rustam, Altaf and Afsana
with wooden sticks. When neighbouring villagers came on spot, all the
accused fled away. Afsana, Raees and Shahjad referred for treatment to
Ujjain. Aashif Kha lodged FIR at P.S. Badnagar, District Ujjain(M.P.).
Shahjad Kha succumbed to death due to injury. The Medical Officer, on
postmortem examination of dead body of Shahjad Kha, opined that
Shahjad Kha has died due to internal hemorrhage and shock caused to
vital organs brain and other reported injuries. Applicant was arrested on
10.12.2024. He is in custody ever since. A wooden stick and a tractor
was seized at the instance of the applicant Kayam. The final report was
submitted on completion of investigation. The trial is underway. The
material prosecution witnesses including all the injured have been
examined. The trial would take time to conclude. The contentions raised
by the learned counsel for the applicant has prima facie substance. The
veracity of prosecution and complicity of the applicant will be
determined after evidence in the trial.
8. As informed, the applicant is aged around 45 years. He is an
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agriculturist by profession and has responsibilities of family.
Considering these aspects, there appears to be no possibility of fleeing
from justice. In absence of any criminal antecedent, there appears to be
no likelihood of tampering with remaining evidence or influencing the
witnesses by the applicant. There appears to be no compelling reason to
continue incarceration of the young applicant. However, the
observations, herein-above, are recorded for present application only.
9. Considering the rival contentions and overall circumstances of
the case, in the light of aforestated facts, but without commenting on the
merits, this Court is inclined to release the applicant on bail. Thus, the
application is allowed.
10. Accordingly, it is directed that applicant - Kayam shall be
released on bail in connection with Crime as mentioned in first
paragraph of this order, upon furnishing a personal bond in the sum of
Rs.50,000/-(Rupees Fifty Thousand only) with one surety of the same
amount to the satisfaction of the trial Court, for compliance with the
following conditions :(For convenience of understanding by accused
and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned
court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any
person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such
facts to the Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या
वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से
िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure,
pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को
बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
NEUTRAL CITATION NO. 2026:MPHC-IND:8192
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(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of
Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in
attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६
भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
11. This order shall be effective till the end of trial. However, in
case of breach of any of the preconditions of bail, the trial Court may
consider, on merit, cancellation of bail without any impediment from this
order.
12. The trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety
concerned. If any of them is unable to write, the scribe shall certify that
he/she had explained the conditions to the concerned accused or the
surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
