The Madhya Pradesh High Court has dismissed the temporary bail application of a convict in a murder case while observing that mere illness of a family member, particularly when the condition is under control and improving, does not constitute an exceptional circumstance warranting grant of temporary/interim bail in a case involving heinous offences.

The High Court was considering the third application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the grant of temporary/interim bail for a period of 15 days in connection with a case registered under Sections 302, 341, 147, 148 and 149 of the IPC read with Sections 25, 27 of the Arms Act.

The Single Bench of Justice Milind Ramesh Phadke held, “From the medical documents placed on record, it is evident that the condition of the applicant’s wife is stable and improving, and she was likely to be discharged shortly though the counsel for the applicant refutes and as the medical papers do not disclose any emergent or life-threatening condition requiring the presence of the applicant at this stage, mere illness of a family member, particularly when the condition is under control and improving, does not constitute an exceptional circumstance warranting grant of temporary/interim bail in a case involving heinous offences.”

Advocate Vishant Singh Kaurav represented the Petitioner while Public Prosecutor Brijesh Kumar Tyagi represented the State.

Factual Background

The applicant has been in custody since February 5, 2024. The application for bail was preferred on the ground of ill-health of the applicant’s wife.

Arguments

It was the applicant’s case that his wife required proper medical treatment, which could not be adequately managed in his absence.

It was the case of the State that, as per the verification report and the medical certificate issued by the concerned doctor, the applicant’s wife was admitted on January 7, 2025, due to anaemia, and her condition had substantially improved.

Reasoning

On a perusal of the materials available on record, the Bench found that the applicant has been facing trial for grave and serious offences, including the offence punishable under Section 302 of the IPC. The applicant had already filed two earlier bail applications, and the present application was the third one, confined only to the prayer for temporary bail.

Considering that the condition of the applicant’s wife was stable and she was likely to be discharged shortly, the Bench found no exceptional circumstance warranting the grant of temporary/interim bail.

Thus, taking note of the seriousness of the allegations, the nature of the offence, the period of custody, and the medical status reflected in the verified documents, the Bench dismissed the application.

Cause Title: Bhupendra Singh Gurjar v. The State of Madhya Pradesh (Neutral Citation: 2026:MPHC-GWL:1206)

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Madhya Pradesh High CourtJustice Milind Ramesh Phadke

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.