Pooja vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:7216
1 MCRC-6793-2026
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. 6793 of 2026
POOJA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Bheemsen Soni advocate for the applicant.
Shri Romil Verma public prosecutor for State.
ORDER
1. This second 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. 327 of 2025 registered at Police Station-
Mahidpur, District Ujjain (M.P.) for offence punishable under Section 103(1)
of the BNS, 2023. Applicant is in judicial custody since 16.08.2025. First
bail application was dismissed as withdrawn vide order dated 23.1.2026
passed in MCRC No. 2923/2026.
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 is falsely implicated
in the alleged offence. She had lost both her daughters in an accident, when
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14

NEUTRAL CITATION NO. 2026:MPHC-IND:7216
2 MCRC-6793-2026
the stones kept on roof fell down on her minor daughters. No offence, as

alleged, is committed by the applicant. The eye witness Manisha (PW-1),
Garima (PW-2) and other important witness Ashok (PW-3) and Seema (PW-
6) did not support the accusation. The other prosecution witness have also
been examined. Applicant has clean past with family roots. There is no
history of evading process of law. There is no likelihood of tampering with
remaining evidence by the applicant. The fate of prosecution is apparent. The
trial would take time to examine other formal witness relating to
investigation. Jail incarceration is causing hardship to the applicant and her
minor girl child. 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. However, after going through
the case diary, he fairly states that no criminal antecedent is reported against
the applicant. Applicant is aged 26 years. She is homemaker by profession.
6. As per the accusation on case diary, the applicant Puja killed her
minor daughters Uma and Anishka by pelting heavy stones on them.
Manisha, Seemabai and Teena saw Uma and Anushka lying unconscious.
Pooja was shouting that she had killed her daughters, Uma and Anushka. On
such allegations, the Police Station Mahidpur registered FIR for offence
punishable under Section 103(1) of the BNS against Pooja. Pooja was
arrested on 16.08.2025. She is in custody ever since. The final report was
submitted. The trial is underway. Six material prosecution witnesses have
been examined. The eye witness Manisha (PW-1) and Seema (PW-6) did
not support the prosecution. The contentions advanced by the applicant have
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14

NEUTRAL CITATION NO. 2026:MPHC-IND:7216
3 MCRC-6793-2026
prima-facie merit and cannot be dismissed as manifestly baseless. The

veracity of the prosecution and complicity of the applicant in the alleged
offence will be considered after evidence in trial.
7. As informed, the applicant is a homemaker and mother of minor
girl child. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of any criminal antecedent, 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.
8. 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.
9. Accordingly, it is directed that applicant- Pooja 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) vkosfndk lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxhA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosfndk leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxhA
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-03-2026
20:00:14

NEUTRAL CITATION NO. 2026:MPHC-IND:7216
4 MCRC-6793-2026
(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) vkosfndk izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu
ugha nsxh ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or
threaten the witness;
(4) vkosfndk izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks
cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxhA
(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;
fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr
(5)
vuqikyu lqfuf'pr djsxhA

10. 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.
11. 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