Hemant Jha vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is the first bail application 483 of BNSS filed by the applicant for grant of bail. He has been arrested on 20.12.2025 by Police Station Janakganj, District Gwalior in connection with Crime No.414 of 2025 registered in relation to the offence punishable under Sections 126(2), 296, 181(1), 115(2), 351(3), 3(5) and 118(2) of the Bharatiya Nyaya Sanhita (BNS).

As per prosecution story, on 14.10.2025 at about 4:30 PM, the complainant Ajay Sharma was going to Bada to collect clothes goods in his auto along with his brother Suraj Sharma and Shiva Sharma. When they reached near the Phuljhadi Factory, Hemant Jha (present applicant), Sandeep Jha, and Raju Gaud were standing there and stopped his auto. Hemant (present applicant) asked him why he was not giving his microphone. The complainant replied to him that he would give it. On this, all the accused started abusing him with filthy and obscene words. When the complainant objected to the abuses, Hemant (present applicant) picked up a stone and hit the glass of his auto, due to which the glass of the auto was broken. Thereafter, when the complainant and his brother Suraj Sharma and Shiva Sharma got down from the auto, Hemant (present applicant) assaulted Suraj Sharma with an axe, which hit him on the head, causing an injury and bleeding. Sandeep assaulted Shiva Sharma on the head with an iron rod, causing injury and bleeding. Sandeep again assaulted Suraj Sharma with the iron rod, which struck his head. Thereafter, the complainant and Sunil Sharma intervened and rescued them and witnessed the incident. While leaving the spot, the accused persons threatened that if a report was lodged at the police station, they would kill them. On the basis of such allegations, alleged crime was registered against the accused persons.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has no role in the alleged incident. He is in custody since 20.12.2025. It is contended that the prosecution story is highly exaggerated and does not inspire confidence. The allegations have been made in a sweeping and omnibus manner without any independent corroboration. It is further submitted that the alleged injuries are simple in nature and that the offence has been given a criminal colour due to prior enmity between the parties. It is further submitted that the investigation in the present case is complete and the charge-sheet has already been filed before the competent court; hence, no further custodial interrogation of the applicant is required. Continued detention of the applicant would amount to pre-trial punishment. It is further submitted that although in the charge-sheet it has been alleged that the applicant caused injury to Suraj by an axe, the medical examination report of Suraj does not disclose any injury caused by a sharp-edged weapon, nor is there any fracture attributable to a sharp-edged weapon. In such circumstances, the offence under Section 118(2) of the Bharatiya Nyaya Sanhita is not made out. It is further submitted that trial will take time for its conclusion and the applicant is permanent resident of District Gwalior and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Per contra, learned Public Prosecutor for the State vehemently opposed the application and prayed for its rejection looking to the nature and gravity of offence.

Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, 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, 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 himself 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 tor to the Police Officer, as the case may be;

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.

A copy of this order be sent to the concerned trial Court for necessary compliance.

Certified copy as per Rules.