Priyanshu @Prince Sonkar vs The State Of Madhya Pradesh
- Neutral2026:MPHC-JBP:19737
Ratio decidendi
The rule this decision rests on
Where a bail applicant has been in custody for an extended period, the charge sheet has been filed and investigation completed, the offence alleged involves a non-custodial role in a property dispute, and there exists only one prior criminal antecedent, the court may grant bail notwithstanding the prior conviction, having regard to the applicant's roots in the community, employment status, and likelihood of appearing for trial.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1 MCRC-11244-2026 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANDEEP N. BHATT ON THE 12th OF MARCH, 2026 MISC. CRIMINAL CASE No. 11244 of 2026 PRIYANSHU @PRINCE SONKAR Versus THE STATE OF MADHYA PRADESH Appearance: Shri Sunil Kumar Pandey - Advocate for the applicant.
Shri Himanshu Tiwari, P.L. for respondent/State.
ORDER
This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.521/2025 registered at Police Station - Majholi District - Jabalpur for the offence punishable under Sections 115(2), 109(1),3(5), 61(2) of BNS, 2023 and and section 25 of Arms Act. Applicant is in detention since 10.12.2025.
2. As per prosecution story on 24.10.2025, when the complainant Balram
Kumar Rai was returning to his house from Tehsil Office, Majhauli, and when the complainant had reached near Hanuman Mandir situated at Old Janpad Office, wherein it is alleged that the complainant was assaulted by some unknown persons by fists and legs and also sustained knife injuries. F.I.R was registered. Charge sheet has been filed.
3. Learned counsel for the applicant is behind bar since 10.12.2025.
Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 12-03-2026 17:48:54 NEUTRAL CITATION NO. 2026:MPHC-JBP:19737
2 MCRC-11244-2026 Applicant has no criminal antecedents. He submits that as alleged the role attributed to the applicant is that of beating with kicks and fists. Charge sheet has already been filed and trial will take considerable time. Applicant is in private job. He is permanent resident of Jabalpur district and, therefore, he will be available in each date of trial and there is no chance of his fleeing away. Therefore, it is prayed that considering the fact that applicant is behind bar for more than four months, charge sheet is filed and investigation is completed so also the role attributed to him, applicant be released on bail.
4. Learned counsel for the State has opposed the prayer by saying that there is specific role attributed to the present applicant who alongwith other co-accused persons has beaten the complainant. He has further submitted that there is one criminal antecedent under section 323 of IPC and, therefore,
it is prayed that his application may be dismissed.
5. I have considered the rival submission made at the Bar and perused the case diary.
6. It transpires that charge sheet has been filed. Applicant is aged 30 years and is in a private job. The entire incident has taken place due to some property dispute and the role attributed to the present applicant to the extent of beating by kicks and fists, although, counsel for the applicant has submitted that applicant has no criminal antecedents, however, learned counsel for the State has submitted that there is one criminal antecedent under section 323 of IPC. It is expected from the counsel for the applicant that all correct facts should be brought to the notice of the court, more particularly, in view of the recent judgment of the Hon'ble Supreme Court in
Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 12-03-2026 17:48:54 NEUTRAL CITATION NO. 2026:MPHC-JBP:19737
3 MCRC-11244-2026 Zeba Khan Vs. State of U.P. passed in Criminal Appeal No.825/2026 (arising out of SLP (Cri.) No.12669/2025 decided on 11.02.2026 (2026 INSC
144), whereby, all the prior criminal antecedents are also required to be stated on affidavit by the concerning person who has filed the application for grant of bail. However, considering the fact that there is only one criminal antecedent of the applicant and considering the other aspect of the matter that charge sheet has already been filed and applicant is behind bar since last four months and considering the role attributed to the applicant, the matter requires consideration. therefore, without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Accordingly, the application is allowed.
7. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with one solvent surety of 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. He shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023. He will not indulge in any such activity which affects the process of investigation process of trial in any manner. He shall regularly mark his presence before the concerned Police Station once in a month on every second Thursday till trial gets over. He will not try to influence any of the witnesses during the course of trial.
8. He shall strictly follow all above mentioned conditions. He shall not
violate any of the conditions otherwise it will be open for the prosecution to
Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 12-03-2026 17:48:54 NEUTRAL CITATION NO. 2026:MPHC-JBP:19737
4 MCRC-11244-2026 pray for cancellation of bail.
9. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(SANDEEP N. BHATT) JUDGE
MKL
Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 12-03-2026 17:48:54
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