Monu Alias Sarvan Kumar vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:9275
1 MCRC-12137-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 16 OF MARCH, 2026
MISC. CRIMINAL CASE No. 12137 of 2026
MONU ALIAS SARVAN KUMAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rajendra Singh Yadav - Advocate for applicant.
Shri Samar Ghuraiya - Deputy Govt. Advocate for respondent/State.
ORDER
This is third bail application under Section 483 of BNSS filed by the
applicant for grant of bail. His earlier bail application was dismissed as withdrawn
with liberty to revive afresh after recording of complete court statement of
injured/complainant Tejnarayan vide order dated 17.02.2026 passed in M.Cr.C.
No.7851 of 2026 by this Court.
2. The applicant has been arrested on 30.08.2025 by Police Station Barohi,
District Bhind (M.P.) in connection with Crime No. 80/2025, registered for
commission of offences punishable under Sections 109(1), 296, 3(5), 324(4) of the
Bharatiya Nyaya Sanhita, 2023, read with Sections 25, 27, 30 and 25(1 - B)(a) of
the Arms Act.
3. As per the prosecution story, the complainant Tejnarayan, along with his
son Padam Singh, lodged a report alleging that on 30.08.2025, he was present at
his Savitri Lodhi Petrol Pump. At about 04:00 to 04:15 PM, one Akash Singh
Parihar, resident of Vijaypura, was working as a salesman at Pump No.1. At that
time, three persons, namely Monu Bhadauria (present applicant), Kuldeep
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 3/17/2026
2:33:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9275
2 MCRC-12137-2026
Bhadauria, and one other person, arrived on a motorcycle and demanded petrol.

The salesman informed them that in view of the strict orders of the Collector,
petrol could not be supplied without a helmet. Upon insistence by the said
persons, the complainant and other salesmen, namely Anup Singh Parihar and
Abhishek Parihar, reached the spot, whereafter the said persons left the petrol
pump. It was further alleged that after a short while, Monu Bhadauria and Kuldeep
Bhadauria returned to the petrol pump, armed respectively with a country-made
pistol (katta) and a gun. While the complainant was standing outside the office,
both accused allegedly threatened to kill him for refusing petrol and fired upon
him with the intention to cause death, resulting in firearm injuries to his right
wrist, as well as injuries to his abdomen and left wrist. Thereafter, the accused fled
from the spot while firing shots. The complainant was taken for treatment via
Dial-100 to District Hospital, Bhind. On the basis of the aforesaid allegations, the
crime was registered against the accused persons.
4. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted that the
earlier bail application filed on behalf of the applicant was dismissed as withdrawn
with liberty to revive the prayer for bail after recording of the complete court
statement of the injured/complainant, Tejnarayan. It is submitted that the complete
court statement of the injured/complainant Tejnarayan has now been recorded
before the trial Court and a copy of the same has been filed along with the present
application as Annexure A-4. It is further submitted that the trial of the case is
likely to take a considerable period of time for its conclusion. The applicant is a
permanent resident of District Bhind and there is no likelihood of his absconding
or fleeing from the course of justice. The applicant undertakes to abide by all the
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 3/17/2026
2:33:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9275
3 MCRC-12137-2026
conditions that may be imposed by this Hon’ble Court and further assures that he

shall neither tamper with the prosecution evidence nor attempt to influence any
witness in any manner. On these grounds, learned counsel prays that the applicant
may kindly be enlarged on bail.
5. Per contra, learned counsel for the State has vehemently opposed the
prayer for grant of bail and submitted that although the complete court statement
of the injured/complainant Tejnarayan has been recorded, he has fully supported
the prosecution case in his deposition before the trial Court. In such
circumstances, it is submitted that no ground for grant of bail is made out and the
present bail application deserves to be dismissed.
6. Heard counsel for the parties and perused the case diary.
7. In view of the overall facts and circumstances of the case, the arguments
advanced by learned counsel for the parties, the period of custody undergone by
the applicant coupled with the fact that the trial is not likely to conclude in near
future and prolonged pre- trial detention being an anathema to the concept of
liberty, this Court is inclined to extend the benefit of bail to the applicant.
8. Accordingly, without commenting on merits of the case, this bail
application is allowed. It is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only)
with one solvent surety in the like amount to the satisfaction of the concerned trial
Court for his appearance before it on the dates given by the concerned Court.
9. This order will remain operative subject to compliance of the following
conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond
executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 3/17/2026
2:33:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9275
4 MCRC-12137-2026
3. The applicant will not indulge himself in extending inducement, threat or

promise to any person acquainted with the facts of the case so as to dissuade
him/her from disclosing such facts to the Court or to the Police Officer, as the case
may be;
4. The applicant shall not commit any other offence during pendency of the
trial, failing which this bail order shall stand cancelled automatically, without
further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the trial;
and
6. The applicant will not leave India without previous permission of the trial
Court/Investigating Officer, as the case may be.
10. Copy of this order be sent to the trial Court concerned for compliance.
11. Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha

Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 3/17/2026
2:33:46 PM