IN THE HIGH COURT OF MADHYA

PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

th

ON THE 13 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 55571 of 2025

DURGA @REENA

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Vivek Singh, Senior Advocate along with Shri Rishiraj

Ayachi, Advocate for the applicant.

Shri Tarun Pagare -GA appearing on behalf of Advocate

General[r-1].

Shri Lalit Dogiwal, Advocate for the respondent/objector.

ORDER of the injured person, Devesh Vaishnav, examination-in-chief has been recorded and after some cross- examination, time was sought by defence counsel, and the next date was fixed for 17.10.2025, however, on the said date, none of the prosecution witnesses have appeared although applications have been filed on behalf of the injured witnesses seeking time to depose before the court.

1] They are heard and perused the charge-sheet.

2] This is the applicant's fifth bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.394/2024 registered at Police Station Tilak Nagar, District- Indore (MP) for offence punishable under Sections 109, 296, 118(1), 3(5) of B.N.S., 2023 and section 25 of the Arms Act. The applicant is in custody since 24.1.2025. The fourth bail application was dismissed as withdrawn by this Court vide order dated 26.11.2025 passed in MCRC.No.50776/2025, with liberty to file a fresh application with

all the details.

3] Counsel for the applicant has submitted that subsequently, one

4] Counsel for the applicant has submitted that the witnesses are deliberately not appearing before the trial court, whereas the present applicant is concerned, she is a woman aged 30 years and a widow, and has a daughter aged 18 years and a son aged 16 years. It is further submitted that all of her family members have also been implicated in the case, and presently, three of her family members are already lodged in jail, and against all of them it is alleged that they assaulted the injured with knives. It is further submitted that in such circumstances, when the witnesses are not appearing before the trial court, the application deserves to be allowed

5] Counsel for the objector as also respondent/State have also opposed the prayer, and it is submitted by counsel for the objector that the wife of the complainant has died in the meantime and earlier also she was hospitalized, and, in such circumstances, the witnesses could not appear before the trial court.

6] Having considered the rival submissions and on perusal of the case diary and taking note of the fact that all the family members of the applicant are already lodged in jail and against them also it is alleged that they assaulted the injured with knives, in such circumstances when the witnesses are not turning up in the trial court, and the applicant is a widow aged 30 years and a mother of two children and is lodged in jail since 24/1/2025 and there are no criminal antecedents, this court is inclined to allow the present application close, this Court is inclined to allow the application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby 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 Section 437 (3) Criminal Procedure Code, 1973.

8] Accordingly, the application is allowed and disposed of.

C.c. as per rules.

(SUBODH ABHYANKAR)

JUDGE das