Madhya Pradesh High Court
Rishabh @ Rishikesh Hasurkar vs The State Of Madhya Pradesh on 14 November, 2025
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:57737
1 MCRC-41942-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 14th OF NOVEMBER, 2025
MISC. CRIMINAL CASE No. 41942 of 2025
RISHABH @ RISHIKESH HASURKAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Prakash Upadhyay - Senior Advocate with Shri Akash Singhai,
advocate for the petitioners.
Shri Gitesh Singh Thakur-G.A. for the respondent/State.
Shri Rohit Mishra, I.O. Thana- Kotwali, Distt. Panna is present in
person.
ORDER
This petitioners have been filed this petition under Section 528 read with Section 438 of BNSS for quashment of order dated 19.08.2025 (Annexure A/3) and order dated 03.09.2025 (Annexure A/6) passed by learned Revisional Court as well as trial Court and allow the default bail application filed under Section 187(3) of BNSS.
2. Learned senior counsel for the petitioners submits that petitioners filed an application under Section 187(3) of BNSS on 18.08.2025 at 11:10 AM and charge sheet has been filed after lunch on the same day. It is urged that charge sheet was filed under Sections 351(2), 318, 334(2), 335, 336, 61 of BNS and Section 66(d) of IT Act and Section 42(1), 42(3)C, 42(3)E, Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 14-11-2025 17:44:09 NEUTRAL CITATION NO. 2025:MPHC-JBP:57737 2 MCRC-41942-2025 42(3)F, 42(7) of Telecommunications Act . Period prescribed under BNSS is that charge sheet should be filed for aforesaid offences within 60 days but in the instant case, 60 days were already over on 17.08.2025. Thus, in the instant case, charge sheet was not filed within the period stipulated in BNSS. Therefore, petitioners were entitled to be released for default bail under Section 187(3) of BNSS but learned Trial Court as well as Revisional Court has dismissed application of petitioners on the ground that at the time of consideration of aforesaid application, offence under Section 111 of BNS was also added. It is also urged that charge sheet has already been filed. Therefore, there was no occasion for the respondent to increase offence under Section 111 of BNS. In the instant case, no supplementary charge sheet was filed. Therefore, petitioners were entitled to be released on default bail under Section 187(3) of BNSS. Therefore, in the interest of justice, petition filed by the petitioners is allowed and order dated 19.08.2025 (Annexure A/3) and order dated 03.09.2025 (Annexure A/6) passed by learned Revisional Court as well as trial Court be set aside and default bail application filed by the petitioners be allowed.
3. Learned counsel for the respondent/State has strongly opposed the prayer of applicant.
4. Admittedly, in the instant case, petitioners have filed an application under Section 187(3) of BNSS on 18.08.2025 at 11:10 AM and charge sheet has been filed on the same day after lunch for offence under Sections 351(2), 318, 334(2), 335, 336, 61 of BNS and Section 66(d) of IT Act and Section 42(1), 42(3)C, 42(3)E, 42(3)F, 42(7) of Telecommunications Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 14-11-2025 17:44:09 NEUTRAL CITATION NO. 2025:MPHC-JBP:57737 3 MCRC-41942-2025 Act. Period prescribed under BNSS is that charge sheet should be filed for aforesaid offences within 60 days but in the instant case, 60 days were already over on 17.08.2025. In the instant case, no supplementary charge sheet was filed with respect to offence under Sections 111 of BNS. There is no material on record to show that prior to filing of application or even on the same day, offence under Section 111 of BNS was increased in accordance with provision of law.
5. Resultantly, in view of the aforesaid, petition filed by the petitioners is allowed and order dated 19.08.2025 (Annexure A/3) and order dated 03.09.2025 (Annexure A/6) passed by learned Revisional Court as well as trial Court is set aside and default bail application filed by the petitioners is allowed.
6. It is directed that petitioners be released on bail on their furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
7. 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.
8 . Soft copy of this bail order be sent immediately/forthwith to Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 14-11-2025 17:44:09 NEUTRAL CITATION NO. 2025:MPHC-JBP:57737 4 MCRC-41942-2025 applicant through concerned jail Superintendent.
9. M.Cr.C. stands allowed and disposed off.
(ACHAL KUMAR PALIWAL) JUDGE L.R. Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 14-11-2025 17:44:09