IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 12 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 1143 of 2026

RAJU @ RAJULAL @ NARESH AND OTHERS

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Ritu Raj Bhatnagar - Advocate for the applicants

Shri Gaurav Rawat GA for the State.

ORDER of theft was recovered at the instance of the applicants. No offence, as alleged, is committed by the applicants. The final report has been submitted on completion of investigation. There is no likelihood of tampering with evidence by the applicants. Jail incarceration is causing hardship to the applicants and the dependent family. Applicants are ready to cooperate in trial. There is no allegation of organized crime constituting threat to national security or general public.

1. This first application has been filed by applicants under Section

483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 319 of 2025 registered at Police Station- Barawada, District- Ratlam (M.P.) for offence punishable under Sections 303(2) of the BNS, 2023. Applicants are in judicial custody since

26/10/2025.

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 applicants in addition to the grounds

mentioned in the application submits that the applicants are falsely implicated in the alleged offence on the basis of self-incriminating statement given in police custody. No incriminating material, much less, the property

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel further refers to 9 criminal antecedents against Raju @ Rajulal and 8 criminal antecedents against Chandrapal as mentioned in the case diary. Applicants Rajulal and Chandrapal are aged around 25 years and 30 years respectively and they are labourer by profession.

6. In reply, learned counsel for the applicant submits that all the other matters against the applicants are pending for trial and they have never been convicted.

7. According to the accusation on case diary, electric water pump and 10ft long cable were stolen from the Government well in Village - Bardiyagoyal on 03/10/2025. The Police Station - Barawada, District - Ratlam registered FIR for offence punishable under section 303(2) of the BNS, 2023 against unknown offenders. Chandrapal and Raju @ Rajulal were arrested on 26/10/2025. The final report was submitted on completion of investigation. The stolen property was not recovered and seized at the instance of applicants. The trial is under way. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of prosecution and complicity of the applicant in the alleged offence will be determined in trial.

8. As informed, the applicants have family responsibilities.

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 applicants, there appears to be no likelihood of recidivism or tampering with evidence or influencing the witnesses by the applicant. The offence is triable by JMFC. There appears to be no compelling reason to continue incarceration of the applicants. However, the observations, herein-above, are recorded for present application only.

9. 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 applicants on bail. Thus, the application is allowed.

10 Accordingly, it is directed that applicants- Raju @ Rajulal and Chandrapal 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)