Bharat Singh vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

The applicant has filed this First bail application under Section 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.389/2025 registered at Police Station Thatipur District Gwalior (M.P.) in relation to the offence punishable under Sections 115(2), 296-A, 351(3), 190, 191(3), 118, 118(2) of BNS.

According to the prosecution, the injured Satendra Kushwah, while admitted at J.H. Hospital, gave a statement (Dehati Nalishi) that on 09.11.2025, at around 02:10 AM, he was returning to his village Thanupura. As soon as he reached near his house and got down from the vehicle, Ramendra Singh Kushwah, Shailendra @ Shailu Rajawat and three others armed with weapons, came from behind and started assaulting him with the butt of a gun while abusing him. They hit him below the knees, on the chest, chin, and face with the butt of the gun and with a pistol, due to which he sustained injuries on his chest and face. The incident was witnessed by his wife Mini Singh and neighbour Kamal Singh. While leaving, the accused were saying that if he caused trouble in the future, they would kill him. On the basis of this report, crime was registered against the accused persons.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence and he has no direct or indirect involvement in the said crime. The applicant has no criminal record. Earlier, the applicant was released after giving him noitce under Section 35(3) of BNSS, but later on Sections 118, 118(2) of BNS had been enhanced, thus, the applicant apprehends that he may be arrested. After giving the notice he had not misused the liberty. He is a law-abiding citizen and is willing to fully cooperate with the investigation. There is no likelihood of the applicant absconding or tampering with the prosecution evidence. In view of the above, it is prayed that this Court may be pleased to grant anticipatory bail to the applicant.

Per contra, learned counsel appearing for the State as well as counsel for the complainant have vehemently opposed the application and prayed for its rejection.

Heard counsel for the parties and perused the case diary.

Taking into consideration the overall facts and circumstances, without commenting on the merits of the case, this Court is of the view that the applicant deserves the benefit of anticipatory bail.

Accordingly, it is hereby directed that in the event of arrest, the applicant shall 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 Arresting Authority/Investigating Officer.

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

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

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

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

(iv) The applicant shall not commit any offence during the period of bail;

(v) . The applicant will not seek unnecessary adjournments during the trial;

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

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court/Police Station concerned for compliance.

Certified copy as per rules.