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

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ON THE 9 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 52347 of 2025 DHARMENDRA SHRIWAS Versus STATE OF MADHYA PRADESH Appearance:

Shri Mahendra Solanki - Advocate for the applicant.

Shri Ayushyaman Choudhary GA for the State.

ORDER

1 . This third application has been filed by applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Crime No. 720 of 2024 registered at Police Station- Chimanganj Mandi, District Ujjain, (MP) for offence punishable under Sections 115(2), 118(1), 296, 351(3), 3(5), 103(1). Applicant is in judicial custody since 14.02.2025. First bail application was dismissed as withdrawn vide order dated 02.06.2025 passed in MCRC No. 21695/2025. His second bail application was dismissed on merit vide order dated 15/07/2025 passed in MCRC no. 28581 of 2025, however, with a liberty to renew the prayer after the accused persons are examined. Thereafter, four prosecution witnesses namely Kuldeep [PW-1], Aryan [PW-2], Deepanshu [PW-3] and Rahul [PW-4] have been examined.

2. Heard the arguments.

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

4. 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. FIR is delayed and lodged after premeditation and consultation. Initially, there was no allegation that applicant has assaulted Krishna in the incident occurred on 12.10.2024 around 22:00 hours at Mohan Nagar Ujjain. Later, Krishna appeared before the police station Chimanganj Mandi, Ujjain. He was forwarded for medico-legal examination. Dr. Sraiya Khatri examined Krishna on 13.10.2024 at 12:00 pm and opined that Krishna had suffered simple injuries within eight hours of examination. His Pre-MLC report belies the allegation of assault to Krishna around 10:00 in the night of 12.10.2024. Krishna was referred for treatment by District Hospital, Ujjain. No medical papers have been filed with regard to further treatment of Krishna. Further, the statement of Krishna was not recorded during investigation. Krishna had died on 4.11.2024 during treatment at District Hospital, Sawai Madhopur. There was no continuity in the treatment. The death of Krishna is not attributable to the alleged injury caused by the applicant. The offence punishable under Section 103(1) of the BNS, 2023 is not made out against the applicant. The trial is under way. The material prosecution witnesses namely Kuldeep [PW-1], Aryan [PW-2], Deepanshu [PW-3] and Rahul [PW-4] have been examined, out of which, Deepanshu, Kuldeep and Rahul did not support the prosecution.The trial would take time to conclude. There is no likelihood of tampering with remaining evidence by the applicant. Jail incarceration is causing hardship to the applicant and dependent family. Applicant is ready to cooperate in the trial.

5. Per contra, learned counsel for the State, ably assisted by the counsel for the objector, opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

6. According to material available on case diary, Deepanshu reported to the P.S. Chimanganj Mandi Ujjain on 13.10.2024 at 3:15 am that on previous night i.e. on 12.10.2024, around 10:00 pm, Sonu and Dharmendra (applicant) assaulted him and Aryan with iron rod and iron pipe. He and Aryan sustained injury. Rahul and Kuldeep rescued them. Deepanshu and Aryan were forwarded for medico-legal examination. Their injuries were found to be simple in nature. The P.S. Chimnganj Mandi registered FIR for offence punishable under Sections 115(2), 118(1), 296, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against Sonu and Dharmendra. Later, Krishna appeared before t