IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 12 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 46114 of 2025 ASHIK KHA Versus STATE OF M.P.

Appearance:

Shri Rishabh Upadhyay advocate for the applicant.

Shri Romil Verma public prosecutor for State.

ORDER This first application has been filed by the applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Crime No. 254/2025 registered at P.S. Kurawar District Rajgarh (M.P.) for offence punishable under Sections 331(4), 305(a) and

317 of BNS, 2023. Applicant is in judicial custody since 18.07.2025.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

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. No offence, as alleged, is committed by the applicant. The complainant and witness of seizure, Kishore Nagar(PW-1) has been examined. He did not support the case of prosecution. There is no likelihood of tampering with remaining evidence by the applicant. Jail incarceration is causing hardship to the applicant and his dependent family. Applicant is ready to cooperate in the trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence and refers to 14 criminal antecedents against the applicant, as mentioned in the case diary.

In reply, learned counsel for the applicant submits that applicant was acquitted in Crime No. 70/2023 vide order dated 26.11.2024 passed in ST No. 653/2023 and crime No. and 312/2023 vide order dated 20.11.2024 passed in ST No. 212/2023. The other matters are pending for trial.

Applicant has never been convicted for any offence.

According to the material available on case diary, a theft was committed at the godown/house of Kishore Nagar in the intervening night of 9-10/07/2025. The crop of wheat and garlic, three electric water pumps, electronic weighing machine, mobile phone and cash Rs. 3,000/- were stolen. Accordingly, P.S. Kurawar registered FIR for offence punishable uS 331(3) and 305(a) of BNS, 2023 against unknown offenders. During investigation, applicant -Ashik Kha was arrested on 18.07.2025. 09 gunny bags of garlic, one water pump, one jaldhara motor and an electronic weighing machine were recovered and seized at the instance of co-accused Mujahid and the applicant. Complainant and witness of seizure, Kishore Nagar (PW-1) has been examined. The offence is triable by JMFC. The trial is underway. Co- accused Mujahid has been extended benefit of bail vide order dated 8.12.2025 passed in MCRC No. 50688 of 2025. The veracity of prosecution and complicity of the applicant in the alleged offence will be determined after evidence in the trial.

As informed, the applicant is aged 28 years. He is a labourer by profession and has responsibility of dependent family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of previous conviction for any major offence, considering the socio- economic status of the applicant, there appears to be no likelihood of tampering with remaining evidence or influencing the witnesses by the applicant. The trial would take time to conclude. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.

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, but with certain stringent conditions in view of criminal antecedents of the applicant. Thus, the application is allowed.

Accordingly, it is directed that applicant- Ashik Kha shall be released on bail in connection with Crime, as mentioned in first parag