IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY

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ON THE 13 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 5191 of 2026 SURAJ GOUHAR Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Neeraj Dubey - Advocate for the applicant.

Shri Raghuwar Prajapati- Panel Lawyer for the respondent-State.

ORDER This is the first bail application filed by the applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.886/2025 registered at Police Station- Kotwali District Narmadapuram (M.P.) for the offences punishable under Sections 109, 296, 115(2), 351(3), 3(5), 238 of BNS and Sections 25/27 of the Arms Act. Applicant is in custody since 24.10.2025.

2. Learned counsel for the applicant submitted that the applicant has been falsely implicated and the present case has been registered in an aggravated form just to implicate the applicant in a non-bailable offence. It is further submitted that there was only altercation between applicant and the complainant and the story of firing is concocted. It is submitted that though the applicant has criminal past, but the complainant has also criminal antecedents showing four cases registered against him. It is further submitted that as per the spot map, only one fire mark was found on the wall, however it has been alleged that the applicant has fired total 2-3 times. It is submitted that in the spot map, there is a line mentioning empty cartridges found near the wall, is subsequently added just in the form of handwriting. It is further submitted that the applicant is in jail since 24.10.2025 and after completion of investigation, the charge sheet has been filed. Co-accused Sagar Gouhar has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 18.12.2025 passed in M.Cr.C. No.55821/2025. Thus, it is prayed that the applicant may be released on regular bail.

3. On the other hand, learned counsel for the respondent/State submitted that it is alleged that the applicant had fired, which was missed. It is also submitted that the applicant has criminal past, therefore he is not entitled to be released on bail.

4. Considering overall facts and circumstances of the case and the fact that co-accused Sagar Gouhar has already been enlarged on bail by the Coordinate Bench of this Court, this Court is inclined to enlarge the applicant on bail, but considering his criminal past, it would be appropriate to release the applicant subject to some stringent condition. Thus, without commenting anything on the merits of the case, this application is allowed.

5. It is directed that the present applicant namely Suraj Gouhar shall be enlarged on bail his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety in the like amount to the satisfaction of the trial court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial. It is further directed that the applicant shall comply with the provisions of Section 480 (3) of BNSS.

6. It is made clear that in case of any subsequent registration of alike offence against the present applicant, it shall be considered as violation of the conditions of this bail order and in that event, the applicant would become disentitled to remain on bail under this order and trial Court shall be free to treat this order as cancelled and proceed against applicant further in accordance with law.

7. Accordingly, this M.Cr.C. stands allowed and disposed of.

(RAMKUMAR CHOUBEY)

JUDGE Ansari