IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANDEEP N. BHATT

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ON THE 9 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 42686 of 2024 SHUBHAM KUMAR Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Anand Kumar Sharma - Advocate for the applicant.

Shri Aditya Gupta, P.L. for respondent No.1/State.

Shri Amanulla Usmani, counsel for respondent No.2.

ORDER By way of present application under section 483(3) of BNSS, 2023, petitioner is seeking cancellation of bail which is granted to respondent No.2 vide order dated 18.09.2024 (Annexure A-1) passed in B.A.No.271/2024 passed by Second Upper Sessions Judge, Sihora District Jabalpur.

2. Learned counsel for the petitioner by drawing attention of the court towards the application which was filed prior to registration of F.I.R before the concerned police station, has submitted that the police has taken cognizance of this application, the offence is required to be registered under section 304-B of IPC instead of offence under section 108 of BNS, 2023 which is equivalent to section 306 of IPC. He has also submitted that police has taken into consideration of this probably investigation is carried out under diffe