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Madhya Pradesh High Court
Imran Shah vs The State Of Madhya Pradesh on 4 May, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-JBP:34583
1 MCRC-20397-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 4 th OF MAY, 2026
MISC. CRIMINAL CASE No. 20397 of 2026
IMRAN SHAH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ahmad Shahid Hushain - Advocate for the applicant.
Ms. Shweta Yadav - Deputy Advocate General for the State.
ORDER
This second application has been filed by applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection
with Crime No.116/2026 registered at Police Station- Sihora, District
Jabalpur, (MP) for offence punishable under Sections 190, 191(2), 191(3),
296(B), 115(2), 298, 324(2), 299, 125, 351(3) of BNS. His first application
was dismissed as withdrawn vide order dated 18.04.2026 passed in M.Cr.C.
No.14266/2026. Applicant is in judicial custody since 20.02.2026.
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 has been falsely implicated in
this matter merely on suspicion. It is a case of communal violence between
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the parties involving false over implication. The name of applicant was
mentioned in the First Information but no test identification parade was
conducted during investigation to verify the accusation. A final report has
been submitted on completion of investigation. It is further submitted that
there is no likelihood of tampering with the evidence by the applicant. The
applicant has clean past, with family roots. There is no history of evading
process of law. Jail incarceration is causing hardship to the applicant and
dependent family. Applicant is ready to cooperate in the trial.
5. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. It is submitted that incriminating
material has been seized from the applicant. However, after going through
the case diary, she fairly states that no criminal antecedent is reported against
the applicant. Applicant is aged 27 years and he is labour by profession.
6. As per the accusation on case diary, Ankesh Gupta reported PS Sihora,
Jabalpur on 20/02/2026 that on 19/02/2026 around 21:30 pm, he and others
were performing aarti in a temple, meanwhile a crowd came from Madina
Majid. Sakir Makrani, Tahir Makrani, Aabid Raeen, Aashik Baba, Sameer
Khan, Aasmani Bhaijaan, Fardeen, Shadaab, Naushad, Abdul, Imraan Shah,
Javed Raeen, Oved Raeen, Nasheer Ansari, Anwar Raeen, Raja Makrani,
Sameer Makrani, Chotu Ansari, Ashraf Makrani, Happu Machli Wala,
Tanveer Raeen and other assailants started abusing in filthy language and
initiated assault on the persons gathered for aarti. The matter was settled after
intervention of local residents. After some time, Mohamaad Tauseer, Sohail
Shah, Akram Shah, Mohammad Sindbad and their associates came again and
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pelted brick-bats and stones at the temple. The steel railing of the temple was
damaged. The religious feeling of the followers was hurt. He, Saksham
Gupta and Sauyam Gupta sustained injuries. Meanwhile, Police intervened.
On such allegation, Police Station, Sihora registered FIR for offences under
Sections 190, 191(2), 191(3), 296(B), 115(2), 298, 324(2), 299, 125, 351(3)
of BNS against Imran Shah, Chotu Khan, Mohammad Tauseer, Akram Shah,
Mohammad Sindbad, Mohammad Aneesh, Mohammad Salam, Imran Beig,
Sonu Shah, Sareed Ali, Samsher Shah, Ismail Shah, Sarfaraz Shah, Sarfaraz
Khan, Sohail Shah, Wajid Shah, Diltaj Shah, Shahjid Shah, Mohammad Saif,
Imraan Shah, Mohammad Israel, Mohammad Javed, Ahmad Shah, Sahbaaz
Mohammadi, Mohammad Haleem, Naeem Ulhaq, Husain Shah, Sataar Shah,
Anwar Hussain Raeen, Inaam Ulhaq, Tanzeel Ulhaq, Sakir Shah, Irsaad
Ahmad Quazi, Shyed Jamaal Shahid, Sheikh Sabir, Gulam Qadir, Jubair
Khan, Asif Khan, Mansoor Ahmad, Sadik Shah, Aareeb Ulhaq, Jiya Ulhaq,
Mohammad Shahid, Ekraam Ulhaq, Sheikh Subrati, Idaaj Shah, Ahwaz Shah
and Mohammad Sakir Makrani. Later, the complicity of the applicant was
surfaced on the basis of statement of Sauyam Gupta, who stated that
applicant was also seen pelting stone in the CCTV footage. The injured had
sustained simple injury. The veracity of the prosecution and complicity of
applicant in the alleged offence will be determined after evidence in the
trial.
7. As informed, the applicant has family responsibilities. Considering
these aspects, there appears to be no possibility of fleeing from justice. In
absence of criminal past, considering the socio-economic status of the
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applicant, there appears to be no likelihood of recidivism or tampering
with evidence or influencing the by the applicant. There appears to be no
compelling reason to continue incarceration of the applicant. However, the
observations, herein-above, are recorded for present application only.
8. Considering the rival contentions and overall circumstances of the
case, in the light of aforesaid facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, present
application is allowed.
9. Accordingly, it is directed that applicant- Imran Shah 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.75,000/-(Rupees
Seventy Five 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) आवेदक 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 ।
(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
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examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदकगण धारा ३०९ दं .
.सं./ ३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन
सुिन त करगे।
10. 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.
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.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
ks
