1. Second bail application for offences punishable under Sections 103(1), 109(1), 296, 115(2), 3(5) of BNS and Section 25 of Arms Act. (Para 1 , 2 )
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2026 Supreme(Online)(MP) 1651
HIGH COURT OF MADHYA PRADESH
Sandeep N. Bhatt, J
Aniket Choubey – Appellant
Versus
State of Madhya Pradesh – Respondent
MISC. CRIMINAL CASE No. 2622 of 2026
Important Points
The court granted regular bail based on the principle of parity, noting that co-accused with more severe roles (inflicting knife blows) were released, while the applicant had a lesser role (pelting stones), no criminal antecedents, and was 18 years old at the time of the incident.
Subject
Criminal Law - Bail
Act Referred
Bharatiya Nagrik Suraksha Sanhita, 2023: S.483, S.480(3)
Bharatiya Nyaya Sanhita: S.103(1), S.109(1), S.296, S.115(2), S.3(5)
Arms Act: S.25
Bharatiya Nyaya Sanhita: S.103(1), S.109(1), S.296, S.115(2), S.3(5)
Arms Act: S.25
Headnote
(A) Bail - Regular Bail - Consideration of role and parity - Where co-accused who inflicted more severe injuries (knife blows) have been released on bail by the juvenile court, the applicant, whose role was limited to pelting stones and who has no criminal antecedents, is entitled to bail. (Para 6)
(B) Criminal Procedure - Detention Period and Age - Consideration of the applicant's age at the time of the incident and the duration of detention since the filing of the charge sheet are relevant factors for granting bail. (Para 6)
Issues: Whether the applicant is entitled to regular bail considering the role attributed to him and parity with co-accused persons.
(B) Criminal Procedure - Detention Period and Age - Consideration of the applicant's age at the time of the incident and the duration of detention since the filing of the charge sheet are relevant factors for granting bail. (Para 6)
Issues: Whether the applicant is entitled to regular bail considering the role attributed to him and parity with co-accused persons.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Divya Choubey
For the Respondents: Sumit Raghuwanshi
For the Appellants/Petitioners: Divya Choubey
For the Respondents: Sumit Raghuwanshi
Table of Contents
2. Applicant argued innocence and parity with co-accused released on bail; state opposed citing role of leading the mob. (Para 3 , 4 )
3. Applicant was only 18 years old, had no criminal antecedents, and the main role of knife blows was attributed to co-accused already released. (Para 5 , 6 )
4. Bail may be granted considering young age, lack of antecedents, and parity with co-accused who have already been enlarged. (Para 6 , 8 )
5. Bail granted on personal bond of Rs.50,000/- with one solvent surety, attendance conditions, and monthly police presence until trial concludes. (Para 8 )
6. What factors are relevant in granting bail for serious offences when the applicant is young?
Young age of the applicant at the time of incident and absence of criminal antecedents are relevant mitigating factors for granting bail. (Para 6 )
7. Does parity with co-accused who have been granted bail influence a subsequent bail application?
Yes, if co-accused with similar or greater alleged role have already been released on bail, it justifies consideration of the present applicant's bail. (Para 3 , 6 )
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
th
ON THE 29 OF JANUARY, 2026
MISC. CRIMINAL CASE No. 2622 of 2026
ANIKET CHOUBEY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Divya Choubey - Advocate for the applicant.
Shri Sumit Raghuwanshi, G.A. for respondent/State.
ORDER
This is second bail application filed by the applicant under Section 483
of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail
relating to FIR/Crime No.180/2025 registered at the Police Station,
Ghamapur District Jabalpur for the offences punishable under Sections
103(1), 109(1), 296, 115(2), 3(5) of BNS and Section 25 of Arms Act.
Applicant is in detention since 14.03.2025.
2 . As per prosecution story, as alleged, applicant alongwith co-accused
persons assaulted the deceased. F.I.R was lodged. Charge sheet has been
filed.
3. Learned counsel for the applicant submits that applicant is innocent. He
has not committed any offence. He has falsely been implicated in the case.
The only allegation against the applicant is that he pelted stone upon the
deceased. He was 18 years of age at the time of incident. The other co-
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 29-01-2026
17:43:37
NEUTRAL CITATION NO. 2026:MPHC-JBP:8212
2 MCRC-2622-2026
accused persons have been released on bail by the juvenile court.
Considering the role attributed to the other co-accused who have been
released on bail, case of present applicant also require consideration. He is
behind the bar since 14.03.2025. He has no criminal antecedents. Therefore,
it is prayed that applicant may be enlarged on bail.
4. Learned counsel for the objector has opposed the prayer for grant of bail
by saying that he was the main person who has led the mob who have
committed the offence. He has pelted stone on the deceased. The trial is at
crucial stage and two eye witnesses are yet to be examined and prayed for
rejection of the bail.
5. Heard the submissions and perused the case diary.
6. Considering the fact that knife blows was inflicted by other co-accused
persons who have already been released on bail by the juvenile court and the
fact he was only 18 years of age at time of incident; there are no criminal
antecedents of the applicant, the role attributed to the applicant including the
fact that charge sheet has already been filed but without expressing any view
on the merits of the case, the application is allowed.
7 . It is directed that applicant be released on bail on their furnishing
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with
one solvent surety in the like amount to the satisfaction of the trial Court, for
his regular appearance before the trial Court during trial with a condition that
he shall remain present before the concerned Court on all the dates fixed by
it during trial. It is also directed that he shall not seek any adjournment
whenever witnesses are in attendances. He will not involve himself in any
Signature Not Verified
Signed by: MANOJ KUMAR
LALWANI
Signing time: 29-01-2026
17:43:37
NEUTRAL CITATION NO. 2026:MPHC-JBP:8212
3 MCRC-2622-2026
other offence and shall co-operate in trial. He shall mark his presence on 1st
Tuesday of every month before the concerning police station till the trial is
concluded. He shall abide by all the conditions enumerated under Section
480(3) of BNSS, 2023.
8. This order shall be effective till the end of the trial. However, in case of
