Parth Yadav vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This is first application filed under section 483 of the BNSS, 2023 for grant of temporary bail in connection with Crime No. 643 of 2024 registered at Police Station - Mahakal, Ujjain, District - Ujjain (M.P.) for offence punishable under Sections 118(1), 115(2), 296, 351(2), 109, 3(5) of the BNS, 2023. He is in custody since 06/02/2026.

Learned counsel for the applicant submits that mother of the applicant - Abhilasha Yadav is suffering from cancer. She is undergoing treatment at Sushrut Hospital, Mumbai (MH). She is advised admission to the hospital on or around 16th February, 2026 and Parth Yadav (applicant) is the registered caretaker / attendant of patient - Mrs. Abhilasha Yadav to coordinate the treatment process with the hospital, therefore, the applicant be extended benefit of temporary bail. Learned counsel further submits that injured Mahendra Yadav has suffered fracture of Vertebra L2 spine. There is no allegation against the applicant regarding assault to Mahendra Yadav. The allegation against the applicant relates to assault to Surendra Yadav, who has suffered simple injury. Therefore, the applicant be extended the benefit of temporary bail.

Learned counsel for the State, ably assisted by learned counsel for the objector, opposed the application on the ground of gravity of alleged offence, however, learned counsel for the State submits the verification report regarding treatment of Mrs. Abhilasha Yadav at Sushrut Hospital, Mumbai (MH).

Considering above aspect of the matter, the request for temporary bail is allowed on humanitarian grounds to facilitate treatment of mother of applicant and it is hereby directed that the applicant shall be released on temporary bail for a period of one month from the date of his release for treatment of his mother, as an indoor patient at Sushrut Hospital, Mumbai (MH) , subject to deposit of cash amount of Rs.50,000/- in the trial Court and on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the like amount to the satisfaction of the Court concerned. If the patient - Mrs. Abhilasha Yadav is discharged from the hospital before expiry of one month, the applicant shall surrender to custody of concerned Court/ Supdt. of concerned Jail within three (3) days. The applicant shall abide by the conditions enumerated u/S 437(3) of Cr.P.C. during period of bail. In case of failure to comply the order within 07 days or violation of any condition of bail, this temporary bail order shall automatically stand cancelled and the cash amount and the bonds shall be forfeited.

The applicant shall surrender before the trial Court on or before expiry of period of One month if not required earlier on discharge of his mother from hospital. The cash amount be returned to the applicant on surrender, else it will be forfeited. Necessary papers regarding surrender and treatment of the mother of applicant be furnished to the trial Court.

C.C. as per rules.