Kripal Singh vs State Of Madhya Pradesh

Sandeep N. Bhatt , J

This is third application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No. 63/2025 registered at Police Station - Barod, District - Agar Malwa for the offence punishable under Section 118(2), 190, 191(3), 115(2), 296,351(3), 117(3), 189(2), 189(4) and 117(2) of the BNS, 2023 and Section 25(1B) of Arms Act. Applicant is in detention since 22.04.2025. His first and second bail applications were dismissed as withdrawn vide orders dated 08.12.2025 and 09.03.2026 passed in M.Cr.C. No. 56354/2025 and M.Cr.C. No. 8726/2026.

As per prosecution story, Laal Singh and Kalu Singh had an altercation with Ishwar Singh over his illicit relationship with the wife of Kalu Singh. On 18.04.2025, Kalu Singh, Laal Singh, Darbar Singh, Kripal Singh(applicant), Sardar Singh and Mangu Singh abused Ishwar Singh in filthy language. Mangu Singh and Laal Singh caught hold of Ishwar Singh and Kripal Singh and Sardar Singh caught hold of his legs. Darbar Singh undressed him and Kalu SiIngh assaulted Ishwar Singh with a sword and cut his private part. On the basis of aforesaid complaint, present case has been registered against the applicant and other co-accused persons.

3 . The counsel for the applicant contends that the applicant is falsely implicated in the case. It is submitted that the applicant is aged 37 years. The investigation is over and the chargsheet is filed. It is a case of false over implication wherein all the brothers have been implicated. The statement of injured Ishwar Singh(PW-1) has been recorded before the trial Court wherein he has exonerated the applicant. The co-accused Sardar Singh and Darbar Singh have been extended benefit of bail vide orders dated 20.11.2025 and 12.11.2025 passed in M.Cr.C. No. 48695/2025 and M.Cr.C. No. 40056/2025. The final report has been filed on completion of investigation.The applicant is behind the bar since 2.04.2025. Trial will take considerable time to conclude, therefore, the applicant be released on bail.

Learned counsel for the State has strongly opposed the prayer and submitted that that looking to the seriousness of the matter and other facts, no case is made out for grant of bail to the applicant.

Considering the submission made at the bar, the prima facie material, the fact that general and omnibus allegations of assault were made against the applicant, coupled with the fact that the investigation is complete and the injured witness - Ishwar Singh has been examined before the trial Court and has exonerated the applicant, no fruitful purpose will be served to keep the applicant behind the bar. Therefore, considering the principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India, but without expressing any view on the merits of the case, this Court deems it a fit case to release the applicant on bail. Therefore, the application is allowed .

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount each to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. In addition to this, (i) Applicant shall not influence the proceedings of trial ;(ii) Applicant shall make himself available as and when required in trial; (iii)Applicant shall not involves himself in any criminal activity otherwise prosecution shall be at liberty to move application for cancellation of bail and this order shall stand automatically cancelled and police and trial Court shall be at liberty to commit him in jail and; (iv) Applicant shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.