IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA

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ON THE 26 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 9557 of 2026 RAMHET ADIWASI Versus THE STATE OF MADHYA PRADESH Appearance:

Mr. Brijendra Singh Gour - Advocate for the petitioner.

Mr. Anurag Sharma Dy. Govt. Advocate for respondent/State.

ORDER The present petition under Section 528 of the BNSS is filed against the order dated 21.01.2026. By the impugned order, the learned Court dismissed the application seeking modification of the bail conditions earlier granted on 11.12.2025 in Bail Application No. 975 of 2025. Although bail was granted, the petitioner was unable to furnish the bail bond of Rs. 50,000/- due to a severe financial crisis.

Counsel appearing for the petitioner through Legal Aid humbly submits that, owing to the petitioner’s extreme poverty, he has been unable to furnish the required bail bond. Therefore, it is prayed that the petitioner be permitted to be released on a personal bond, without the requirement of a surety or the monetary bond previously directed by the trial court.

Counsel for the State vehemently opposed the prayer made by the petitioner and submitted that, considering the nature of the offense and the gravity of the circumstances, it is not appropriate to release the accused solely on a personal bond. Furthermore, the accused has failed to produce any evidence or assurance that he would be able to furnish the required security, even if granted a limited period of release for that purpose.

Upon hearing learned counsel for the parties and on perusal of the record, it is not in dispute that the petitioner has already been granted bail vide order dated 11.12.2025 and the only impediment in securing his release is his inability to furnish the bail bond of Rs. 50,000/- on account of financial hardship. While the objection raised by the State regarding the nature and gravity of the offence deserves due consideration, it is equally settled that bail conditions should not be so onerous as to render the grant of bail illusory, particularly when the accused has already been found entitled to bail.

In the facts and circumstances of the case, this Court is of the view that a balance can be struck between securing the presence of the petitioner during trial and ensuring that the condition imposed does not defeat the very order granting bail.

Accordingly, the petition is partly allowed. The impugned order dated

21.01.2026 is set aside to the extent it declines modification of the bail condition. It is directed that the petitioner shall be released on furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the trial Court. All other conditions imposed in the earlier bail order dated 11.12.2025 shall remain intact.

It is made clear that in case the petitioner violates any of the conditions or misuses the liberty granted, the State shall be at liberty to move for cancellation of bail in accordance with law. The petition stands disposed of accordingly.

(RAJESH KUMAR GUPTA )

JUDGE (LJ*)