Ajay Dhakad vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 25.7.2025 by Police Station-Bahodapur, District Gwalior in connection with Crime No.427/2025, registered in relation to the offence punishable under Sections 103 (1), 109, 296, 3(5) of BNS and sections 25, 27 of Arms Act.

As per prosecution story, on 24.07.2025, at about 11:00 p.m., the complainant Nikhil Singh Tomar was present at his residence when co-accused Ankit and present applicant Ajay arrived and called out to his father, stating that Gaurav Tomar wanted to discuss the matter related to the government multi and requested him to come outside. The complainant’s father came out of the house and went with the accused persons into the lane to talk. When the complainant’s father did not return home for quite some time, the complainant and his brother Ankit Tomar went into the lane to look for him. There, near the hand pump lane in front of the house of Ikraar Ahmed, they saw the accused persons Gaurav Tomar, Ankit Sharma, Himesh Sharma, and the present applicant standing armed with country-made pistols (kattas) and firearms. They were abusing the complainant’s father in filthy language regarding the plot dispute. When the complainant’s father objected to the abuses, all four accused opened fire with their weapons. As the complainant’s father tried to escape, the applicant and co-accused Himesh Sharma exhorted co-accused Ankit Sharma and Gaurav Tomar to shoot him. Acting upon their exhortation, co-accused Gaurav Tomar fired at the complainant’s father’s head, and co-accused Ankit Sharma fired at his eye, causing him to fall to the ground. When the complainant rushed to save his father, the accused persons fled from the spot in a car. The incident was witnessed by Jayprakash Rajawat and Asha Rajawat. The injured was immediately taken to the Trauma Centre, where the doctors declared him dead. On the basis of the complainant’s report, a FIR was registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. Learned counsel further submits that the applicant has not been attributed any overt act of firing or causing injury to the deceased. It is further submitted that co-accused Himesh Sharma has been granted bail by this Court vide order dated 10.11.2025 in M.Cr.C. No.50618/2025 and the case of the present applicant is similar to that of co-accused, therefore, claiming parity, it is prayed that the present application be allowed and benefit of bail be also granted to the applicant.

Learned counsel for the State vehemently opposed the application and prayed for its rejection submitting that case of the present applicant is not similar to the co-accused, as present applicant has arrived the place of complainant and called out to his father.

Heard counsel for parties and perused the case diary.

The case of the applicant appears to be similar to the case of co-accused, namely, Himesh Sharma, who has been granted bail by this Court vide order dated 10.11.2025 in M.Cr.C. No.50618/2025 and the case of the present applicant is similar to that of co-accused. Thus, there is no reason to take a different view than the one taken in the case of above said co-accused.

In view of above and looking to the fact that the material placed on record does not disclose the possibility of the applicant's fleeing from justice, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.