Yogesh Singh Gurjar vs The State Of Madhya Pradesh

1 CRA-12871-2023 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRA No. 12871 of 2023

(YOGESH SINGH GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 20-03-2026 Mr. Vijay Kumar Agrawal - Advocate for the appellant no.2.

Mr. Divakar Vyas - Advocate for remaining appellants. Mr. Deependra Singh Kushwaha - Additional Advocate General for the State.

Heard on I.A.No.15767/2025, this is the first application under Section 389

of Cr.P.C./430 of BNSS for grant of bail to appellant no.2 - Vicky @ Vikram Singh Gurjar.

At the outset, it is submitted by counsel for the appellant that appellant is not interested in seeking bail and accordingly he may be permitted to withdraw the same.

Accordingly, I.A.No.15767/2025 stands dismissed as withdrawn. Heard on I.A.No.12548/2025, this is an application for condonation of non- appearance of appellant No.3 - Manoj Singh Gurjar on 21.10.2024.

Mr. Manoj Singh Gurjar is present in person. He is duly identified by his counsel. His presence is marked.

It is submitted by Mr. Manoj Singh Gurjar that he was convicted in another case for offence under Section 302 of IPC and since he was in jail in connection with the said case, therefore, he could not appear before this Court on 21.10.2024.

The Supreme Court in the case of Zeba Khan Vs. State of U.P. & others in Criminal Appeal No.825 of 2026 (Arising out of SLP (Cri.) No.12669 of 2025) has held that whenever an application for grant of bail is filed, then the

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 03/20/2026 04:55:41 PM 2 CRA-12871-2023 applicant/accused must disclose the material facts, including his criminal antecedents. Although the said judgment is in respect of bail application under Sections 438/439 of Cr.P.C./482/483 of BNSS, but it was also desirable that the appellant should have mentioned in the application filed under Section 389 of Cr.P.C. that he is already in jail in connection with another case which has been registered under Section 302 of IPC. This said fact has not been mentioned. However, it is clear from the order-sheet of the Trial Court that on the date of delivery of judgment, appellant No. 3, Manoj, was produced in execution of a production warrant, as he was already in jail in connection with other cases. Under these circumstances, non-disclosure of criminal antecedents is ignored, but one thing is clear that the appellant has already been convicted for an offence under Section 302 of IPC in another case, and this fact shall be taken into consideration

at the time of final arguments.

Accordingly, the non-appearance of appellant no.3 Manoj on 21.10.2024 is hereby condoned, and in view of the criminal antecedents of Manoj, he is not permanently exempted from appearance before this Court, and he is directed to appear before the Registry of this Court on 12.08.2026 and on all other dates which shall be given in this regard.

Accordingly, I.A.No.12548/2025 is disposed of.

(G. S. AHLUWALIA) (ASHISH SHROTI) JUDGE JUDGE bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 03/20/2026 04:55:41 PM