Madhya Pradesh High Court
Vijay @ Balu @ Kishore vs The State Of Madhya Pradesh on 13 March, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:8783
1 MCRC-6256-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 13th OF MARCH, 2026
MISC. CRIMINAL CASE No. 6256 of 2026
VIJAY @ BALU @ KISHORE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Santosh Khoware - Advocate for the applicants - Vijay @ Balu @
Kishore and Hakim Shah.
Shri Gajendra Singh Dodia - G.A. for State.
ORDER
1] They are heard. Perused the case diary/challan papers. 2] This is the applicants' first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023/439 of Criminal Procedure Code, 1973, as they are implicated in connection with Crime No.829/2023 registered at Police Station - Khategaon, District - Dewas (MP) for offence punishable under Sections 420 and 34 of IPC. The applicants are in custody since 10.12.2025.
3] The allegation against the applicants is of fraud, as it is alleged that they duped the complainant in the name of black magic, assuring him that if any money is given to them by him, they would have it doubled by black magic. After the complainant was duped, the amount of Rs.11.50 lakhs received from him, was distributed by the accused persons as Rs.1.60 lakhs was received by the applicant No.1 Vijay @ Balu @ Kishore, Rs.40,000/- was received by the applicant No.2 Hakim Shah, Rs.2,00,000/- was received by co-
Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 4/3/2026 2:15:44 PMNEUTRAL CITATION NO. 2026:MPHC-IND:8783 2 MCRC-6256-2026 accused Ayyub Shah, Rs.7 lakhs was received by co-accused Bhagwat @ Karajsingh, and Rs.50,000/- was received by co-accused Ajij Kaskar. 4] Counsel for the applicants has submitted that the applicants are lodged in jail since 10.12.2025, charge-sheet has already been filed, and the conclusion of the trial is likely to take a sufficiently long time. It is also submitted that the applicant No.2, Hakim Shah, is also suffering from HIV. It is also submitted that co-accused Ajij Kaskar has already been granted bail by this Court in M.Cr.C. No.60383 of 2025 dated 27.01.2026. 5] Counsel for the State has opposed the prayer and it is submitted that looking to the fact that the applicants were absconding until now, and have been arrested after much efforts, no case for grant of bail is made out. 6] Having considered the rival submissions and on perusal of the case-diary, it is apparent that the FIR in the present case was lodged way back on 21.10.2023 against the applicant No.1 Vijay @ Balu @ Kishore and Bhagwat and one unknown person, however, it is also found that there is no test identification parade. In view of the same, considering the fact that the applicant No.1 Vijay @ Balu @ Kishore has received a sum of Rs.1.60 lakhs, his application can be allowed on par with the other accused Ajij Kaskar, and thus, since a sum of Rs.1.60 lakhs has been received by the applicant No.1 Vijay @ Balu @ Kishore, his application can be allowed, subject to his depositing a sum of Rs.1.60 lakhs, as this Court is also required to see that the complainant, who was an innocent villager, has been duped by the accused persons in the name of black magic, and thus, to secure the amount of defalcation, it is directed that the prayer of bail of the applicant No.1 Vijay @ Balu @ Kishore can be allowed on some strict terms. 7] So far as the applicant No.2 Hakim Shah is concerned, since his name is Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 4/3/2026 2:15:44 PM NEUTRAL CITATION NO. 2026:MPHC-IND:8783 3 MCRC-6256-2026 not mentioned in the FIR, and he has also not been identified, and the fact that he is also suffering from HIV, this Court is inclined to allow his application.
8] Accordingly, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicants is hereby allowed subject to depositing a sum of Rs.35,000/- (Rupees Thirty Five Thousand) by the applicant No.1 Vijay @ Balu @ Kishore only or any other person on his behalf before his release i.e. at the time of furnishing the bail bond in a fixed deposit in a nationalized bank, and producing the receipt/certificate of the same before the concerned trial Court.
9] The rest of Rs.1,25,000/-(Rupees one lakh twenty Five thousand) to be deposited by the applicant No.1 Vijay @ Balu @ Kishore in five equal installments of Rs.25,000/- each within a period of five months from the date of his release. The first installment shall be paid after one month from the date of his release in a fixed deposit in a nationalized bank, and producing the receipt/certificate of the same before the concerned trial Court, and the said amount shall be subject to the final outcome of the case by the trial Court. The deposit receipt/certificate so produced by the applicant No.1 shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant No.1 and shall be subject to the final decision of the case by the trial Court'.
10] It is further directed that the applicants Vijay @ Balu @ Kishore and Hakim Shah shall be released on bail on their furnishing a bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with separate surety 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 court concerned during trial and shall also abide by the conditions Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 4/3/2026 2:15:44 PM NEUTRAL CITATION NO. 2026:MPHC-IND:8783 4 MCRC-6256-2026 enumerated under Section 437 (3) Criminal Procedure Code, 1973. It is also directed that if the applicants are found to be involved in violation of any of the terms of this order, an application for cancellation of their bail may be filed before the trial Court itself, who shall decide the same, in accordance with law.
11] M.Cr.C. stands allowed and disposed of .
Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE Pankaj Signature Not Verified Signed by: PANKAJ PANDEY Signing time: 4/3/2026 2:15:44 PM