Madhya Pradesh High Court
Rahul vs The State Of Madhya Pradesh on 18 March, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:9053
1 MCRC-6064-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 18th OF MARCH, 2026
MISC. CRIMINAL CASE No. 6064 of 2026
RAHUL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Yash Pal Rathore - Advocate for the applicant.
Shri Hemant Sharma - G.A. for the State.
ORDER
They are heard. Perused the case-diary/challan papers.
2] This is the applicant’s second bail application filed under Section 483 of
B.N.S.S./ 439 of Criminal Procedure Code, 1973, as he/ she is implicated in
connection with Crime No.283/2021 registered at Police Station Manasa, District
Neemuch (MP) for offence punishable under Sections 302, 201, 120-b and 34
o f IPC . The applicant is in custody since 16.07.2021. His first bail application
M.Cr.C. No.23061 of 2023 was dismissed by this Court vide order dated
28.02.2024 as withdrawn, however, with a direction to the Trial Court to expedite
the trial.
3] Counsel for the applicant has submitted that the present application has
been filed solely on the ground that the applicant is lodged in jail since
16.07.2021, and till date only twenty-seven witnesses have been examined out of
eighty-six witnesses, and thus, fifty-nine more witnesses are still to be examined,
for which it would take sufficiently long time in the Trial Court, whereas the
Signature Not Verified
Signed by: BAHAR CHAWLA
Signing time: 07-04-2026
18:42:18
NEUTRAL CITATION NO. 2026:MPHC-IND:9053
2 MCRC-6064-2026
applicant is lodged in jail since last four years and six months. It is submitted that
it is a case of circumstantial evidence, and admittedly, no direct evidence is
available against the applicant except his disclosure memo. It is also submitted
that the FSL report is also silent so far as the present applicant is concerned, and
the shirt and pant seized from him was not even sent for FSL examination. Thus,
the application may be allowed.
4] Counsel for the State, on the other hand, has opposed the prayer, and it is
submitted that looking to the gruesome nature of the offence where the deceased
was lured by the accused persons on the pretext of marriage with the co-accused
Radha Bai, and Mahendra Singh was murdered by bludgeoning his head, no case
for grant of bail is made out.
5] Having considered the rival submissions, and on perusal of the case-diary,
it is found that it is a case of circumstantial evidence, whereas the shirt and pant
seized from the applicant have not even been sent for FSL examination. In view
of the same, considering the period of incarceration, as the applicant is lodged in
jail since last around four and half years, and the fact that fifty-nine more
witnesses are still to be examined, this Court is inclined to allow the present
application.
6] Accordingly, without commenting on the merits of the case, the
application filed by the applicant is allowed. The applicant is directed to be
released on bail upon furnishing a personal bond in the sum of 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
Signature Not Verified
Signed by: BAHAR CHAWLA
Signing time: 07-04-2026
18:42:18
NEUTRAL CITATION NO. 2026:MPHC-IND:9053
3 MCRC-6064-2026
Section 437 (3) Criminal Procedure Code, 1973. It is also directed that if the
applicant is found to be involved in violation of any of the terms of this
order, an application for cancellation of his bail may be filed before the Trial
Court itself, who shall decide the same in accordance with law.
7] M.Cr.C. stands allowed and disposed of .
C.c. as per rules.
(SUBODH ABHYANKAR)
JUDGE
Bahar
Signature Not Verified
Signed by: BAHAR CHAWLA
Signing time: 07-04-2026
18:42:18