Madhya Pradesh High Court
Manish vs The State Of Madhya Pradesh on 21 July, 2025
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2025:MPHC-IND:19504
1 MCRC-29214-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 21st OF JULY, 2025
MISC. CRIMINAL CASE No. 29214 of 2025
MANISH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Gupta - Advocate for the applicant.
Shri Virendra Khadav-GA appearing on behalf of Advocate General.
ORDER
1] They are heard and perused the case diary.
2] This is the applicant’s first bail application filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is
implicated in connection with Crime No.35/2025 registered at Police Station
Khatiwada, District Alirajpur for offence punishable under Sections
103(1),109(1), 296,115(2), 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023,
and section 25(B) of the Arms Act. The applicant is in custody since
17/4/2025.
3] The allegation against the applicant is of assault and murder along with
seven other co-accused persons.
4] Counsel for the applicant has submitted that even assuming the case of
the prosecution to be correct, the applicant had assaulted Rajendra from the
back side of Falia, and in the incident it is alleged that the co-accused
Mukam, who was having a gun assaulted Kuwar Singh Master from the butt
of the gun, thus, it is submitted that there was no intention of causing death
in the present case by any of the accused persons and the death of Kuwar
Singh was unintended. It is submitted that the charge sheet has been filed and
the applicant is lodged in jail since 17.4.2025, and the conclusion of the trial
Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 8/5/2025
10:05:28 AM
NEUTRAL CITATION NO. 2025:MPHC-IND:19504
2 MCRC-29214-2025
is likely to take sufficiently long time.
5] Counsel for the applicant has also submitted that prior to the said
incident, an FIR was also lodged by the applicant side at crime no.33/2025
under section 137(2),140(3), 74,87, 115(2), 351(2), 3(5) of BNS, which took
place on 13.4.2025, at around 10.00 in the morning, wherein the complainant
side had abducted the sister Ajma Mehtab D/o Adeh Singh Bilala, and
although she was rescued by the applicant side, but she was robbed of her
jewelry by the complainant side, whereas the incident which took place in
the present case is said to be of 6.00 in the evening of 13.4.2025, the FIR
regarding which was lodged on 14.4.2025 at 4.47 in the morning thus, it is
submitted that there was a considerable delay in lodging the FIR; and the
false implication of the applicant cannot be ruled out as all the family
members of the applicant have been roped in.
6] Counsel for the applicant has also submitted that a cross FIR at Crime
No.34/2025 under section 109(1), 126(2), 296, 115(2), 125, 351(2) and 3(5)
of BNS Act, has also been registered by the applicant side prior to the FIR
lodged by the complainant side, and in the said FIR, the applicant side had
also suffered various injuries. Copy of the FIR has also been produced during
the hearing.
7] Counsel for the respondent/State on the other hand has opposed the
prayer and it is submitted that the applicant and other co-accused persons had
assaulted the complainant party on account of the allegation that a cousin of
the applicant had eloped with one of the relative of the complainant side, and
thus, no case for bail is made out.
8] Heard. Having considered the rival submissions and on perusal of the
case diary and also considering the fact that the FIR and counter FIRs have
been lodged immediately after one another, and in the first FIR lodged by the
applicant side, the deceased -Kuwar Singh is also an accused and who is also
said to have caused injuries to Manish, the present applicant with a Falia, in
such circumstances, this Court is inclined to allow the present petition.
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
Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 8/5/2025
10:05:28 AM
NEUTRAL CITATION NO. 2025:MPHC-IND:19504
3 MCRC-29214-2025
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.
C.c. as per rules.
(SUBODH ABHYANKAR)
JUDGE
das
Signature Not Verified
Signed by: REENA PARTHO
SARKAR
Signing time: 8/5/2025
10:05:28 AM