Bhagwat Prasad Patel vs State Of Madhya Pradesh

Achal Kumar Paliwal, J

This first application under Section 482 of The Bhartiya Nagrik Suraksha Sanhita has been filed on behalf of the applicant for grant of anticipatory bail.

Applicant apprehending arrest in connection with Crime No. 728/2025 of Police Station-Gotegaon, District-Narsinghpur (MP) for commission of the offences punishable under Sections 108 read with section 3(5) of BNS has knocked the portal of this Court for grant of anticipatory bail.

Prosecution story in brief is that applicants threatened deceased to falsely implicate him in a false case of rape and also harassed and tortured deceased and on account of which, deceased committed suicide by consuming sulphas.

Learned counsel for the applicants submits that incident is said to have occurred in the intervening night of 24-25/09/2025. It is urged that post mortem was conducted on 25.09.2025 and suicide note was recovered on 26.09.2025 at the behest of deceased's brother. It is urged that applicant no. 2's daughter was in relationship with deceased and 20 days prior to the incident, deceased was caught red handed with the applicant No.2's daughter and compromise took place between the parties. Thereafter, again deceased started talking to applicant No.2's daughter. It is also urged that on 21.09.2025, deceased committed theft of gold and silver jwelleries and the matter was reported with the police out post. With respect to aforesaid, police has interrogated the deceased. It is also urged that at the time of investigation, no suicide note was recovered. Further, applicant No. 1 is owner of the field and applicant no. 2 was working in the field of applicant no.1. It is also urged that in the instant case, ingredients constituting offence under Section 108 of BNS is not made out. It is urged that similarly situated co-accused Santosh Patel and Others have already been granted the benefit of bail by this Court vide order dated 28.10.2025 passed in M.Cr.C. No.46744/2025 and the case of the applicant is identical to that of co-accused. The trial of the case will take considerable time. On above grounds, it is urged that on the ground of parity, applicant be released on bail.

Per-contra, learned counsel for the respondent-State opposes the anticipatory bail application and submits that the case of the applicant is identical to that of co-accused namely Santosh Patel and Others.

Heard. Perused record to the case.

Looking to overall facts and circumstances of the case and on the ground of parity, I deem it proper to release the applicant on bail, but without expressing any opinion on the merit of the case, I am of the view that it is a case in which applicants may be released on bail. Consequently, anticipatory bail application filed on behalf of applicants stands allowed.

It is directed that in the event of their arrest, applicants be released on bail on his furnishing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of the like amount each to the satisfaction of the Arresting Officer. It is also directed that the applicants shall abide by the conditions as enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023. It is made clear that applicants shall appear before the Investigating Officer as & when they are so directed and cooperate with the investigation and he shall also appear before the Trial Court failing which their bail shall automatically stand cancelled without further reference to the Court.

9 C.C. as per rules.