Vijay vs The State Of Madhya Pradesh
- Court
- Madhya Pradesh High Court
- Decided on
- 17-03-2026
NEUTRAL CITATION NO. 2026:MPHC-IND:7199
1 MCRC-6527-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
th
ON THE 17 OF MARCH, 2026
MISC. CRIMINAL CASE No. 6527 of 2026
VIJAY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ankit Patidar advocate for the applicant.
Shri Romil Verma public prosecutor for State.
ORDER
1. This first bail 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. 229 of 2025 registered at Police
Station- Jiwajiganj, District- Ujjain(M.P.) for offence punishable under
Sections 318(4) of the BNS, 2023. Applicant is in judicial custody since
17.10.2025.
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 merely on suspicion. No offence, as alleged, is
committed by the applicant. The final report has been submitted on
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14
NEUTRAL CITATION NO. 2026:MPHC-IND:7199
2 MCRC-6527-2026
completion of investigation. There is no likelihood of tampering with
evidence by the applicant. Jail incarceration is causing hardship to the
applicant and the dependent family. Applicant is ready to cooperate in
trial.The alleged offence is not heinous or brutal in nature affecting society at
large.
5. Per contra, learned counsel for the State ably assisted by learned
counsel for the objector, opposes the application on the ground of gravity of
alleged offence. Learned counsel further refers to one criminal antecedent
against the applicant as mentioned in the case diary. The applicant is aged
around 30 years, he is labourer by profession.
6. In reply, learned counsel for the applicant submits that other
matter is pending for trial. The applicant has never been convicted for any
offence.
7. As per the accusation on case diary, the applicant Vijay alongwith
other accused Ravi committed cheating with the complainant by giving her a
packet of fake currency notes. The complainant was fraudulently induced to
give her Mangal Sutra, ear tops and mobile to Ravi. Both the accused fled
away. When she checked the packet of currency notes, only Rs. 50 currency
note was found and the rest were plain papers. On such allegations, the
Police Station Jeevajiganj Ujjain registered FIR for offence punishable under
Section 318(4) of the BNS. The applicant was arrested on 17.10.2025. He is
in custody ever since. The complainant identified the applicant Vijay in Test
Identification Parade. The final report has been submitted on completion of
investigation. The trial is under way. The offence is triable by JMFC. The
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14
NEUTRAL CITATION NO. 2026:MPHC-IND:7199
3 MCRC-6527-2026
veracity of prosecution and complicity of the applicant will be determined
after evidence in the trial.
8. As informed, the applicant has the family responsibilities.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of substantial criminal past and previous conviction for
any major offence, considering the socio-economic status of the applicant,
there appears to be no likelihood of recidivism or tampering with evidence
or influencing the witnesses 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.
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- Vijay 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 िनद शानुसार सुनवाई क येक ितिथ पर उप थत रहेगा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2)
आवेदक समान कृित का केाई अपराध नह $ं करेगा या उसम % स &मिलत नह $ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14
NEUTRAL CITATION NO. 2026:MPHC-IND:7199
4 MCRC-6527-2026
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 /य01 को य2 या अ य2 3प से लोभन
,
धमक या वचन नह $ं देगा जससे ऐसा /य01 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)
आवदेक य2 या अ य2 3प से सा 8 य के साथ छेडछाड करने का या सा 2ी या सा 2य* को
- ,
बहलाने फुसलाने दबाव डालने या धमकाने का यास नह $ं करेगा ।
(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) , /
0वचारण के दौरान उप थत गवाह * से पर $2ण के संबंध म % आवेदक धारा ३०९ दं. .सं. ३४६
, 2023
भारतीय नाग +रक सुर 2ा सं -हता के ावधान* का उिचत अनुपालन सुिन Cत करेगा ।
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 of 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 had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14