Jagdish Banjara vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is the first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) filed by the applicant seeking grant of bail.

The applicant has been arrested on 18.11.2025 in connection with Crime No.287/2025 registered at Police Station Aron, District Guna, for offences punishable under Sections 296, 115(2), 117(2), 118(1), 118(2), 351(3), 3(5) of BNS.

As per prosecution case, complainant Gangaram lodged a report stating that his family had a land-partition dispute with Jai Mandal’s family. On 12.06.25 at around 5–6 PM, he was standing outside his house, and his aunt Keshabai was also sitting there. At that time, Munnibai and her sons Ramkrishna and Jagdish, along with her husband Jai Mandal, came and told his aunt Keshabai that they would cultivate the entire land recorded in the joint account and would not let her do so. Keshabai replied that she also had a share in the land and she would take her share. On hearing this, all four of them started abusing her with obscene language. When Keshabai asked them to stop abusing, Jagdish struck her with an axe, which hit the left side of her head. When her uncle Lakhan Singh and his sons Dharmendra and Laxman came to save her, the accused also assaulted them with axes and sticks, causing them injuries. All the accused said that if they raised the issue of the land again, they would kill them. On the basis of this report, the police have taken the applicant into custody.

Learned counsel for the applicant respectfully submits that the applicant has been falsely implicated in the present matter and is innocent. It is pertinent to note that the applicant and the complainant belong to the same family and a land dispute is ongoing between them. On the date of the incident, the complainant’s side was quarrelling with and abusing the applicant’s side. When the applicant’s family asked them to stop, the complainant’s husband came with an axe to attack the applicant’s father, but the axe accidentally hit his own wife, Keshabai. Thereafter, a false report was lodged by making baseless allegations against the applicant. It is submitted that the charge-sheet in this matter has already been filed, and therefore, further custodial interrogation of the applicant is no more required. The conclusion of the trial is likely to take considerable time. It is further submitted that the applicant is a permanent resident of District Guna, and there is no likelihood of his absconding or tampering with prosecution witnesses. Thus, it is prayed that benefit of bail be extended to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Heard counsel for the parties and perused the case diary.

Considering all the facts and circumstances of the case, arguments advanced by both the parties 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 commenting on merits of the case, this bail application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance before it on the dates given by the concerned Court.

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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv. 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;

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

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

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

Certified copy as per rules.