Kamal vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This second application has been filed by the applicant under Section 483 of BNSS for grant of regular bail relating to Crime No.833/2024 registered at Police Station - Amarwada, District Chhindwara (M.P.) for the offence punishable under Sections 296, 103(1), 3(5) of BNS, 2023. First application was dismissed on merits by the co-ordinate bench vide order dated 27.03.2025 passed in M.Cr.C. No. 9552/2025.

As per the prosecution story, applicant and co-accused caused injuries to deceased Motilal by means of axe and iron rod due to which he died. On the basis of which, the offence has been registered against the present applicant and co-accused under the aforesaid sections.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He is in custody since 16.12.2024. It is further submitted that one day before the incident them. Dehati Nalisi was lodged on 15.12.2024 and place of incident is field of Rekhan Lal. It is submitted that Rekhan Lal is Tau (uncle) of Kalpana Bharti and there was enmity between deceased Motilal and and Rekhan Lal and a case regarding land dispute was also pending in the Court. It is submitted that statement of PW-1 Kalpana Bharti is not reliable. The place from where she has stated that she has seen the incident but actually she has not seen the incident. Statement of PW-2 Kapaswati is also not reliable. Present applicant is not the main accused and the only allegation against him is for causing injury to deceased by iron rod. Main injury is caused by co- accused Santosh and due to that injury deceased has died. Prosecution witnesses are not turning up before the trial court for recording the evidence. Charge-sheet has been filed and the conclusion of the trial will take considerable time therefore, it has been prayed that the applicant may be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the bail application on the ground that present applicant and co- accused Santosh both have caused grievous injuries to deceased resulting into his death. Named FIR has been lodged on the same day. From the possession of applicant iron rod has been seized in which human blood is found as per the FSL report. It is further submitted that applicant's earlier application was dismissed on merits by the co-ordinate Bench by detailed and reasoned order thereafter, there is no material change in circumstances in the case and minute appreciation cannot be done at this stage. Therefore, the

Heard learned counsel for the parties and perused the case diary.

Looking to aforesaid facts and circumstances of the case, seriousness of the offence and allegation levelled against the applicant, I am not inclined to grant bail to him.

Accordingly, present MCRC (second bail application) stands dismissed. However, looking to the date of arrest of applicant, i.e. 16.12.2024, trial court is directed to expedite the trial.

Copy of this order be sent to the concerning trial court for necessary compliance.