Krishnagopal @ Gabba vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first 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.392/2025 registered at Police Station - Boda, District Rajgarh for offences punishable under Sections 191(2), 191(3), 190, 296(a), 115(20, 118(1) and 109(1) of BNS, 2023. Applicant is in detention since 17.02.2026.

As per prosecution story, a Dehati Nalishi was registered at the instance of complainant Vishram Singh wherein it is alleged that on 21.12.2025, Manohar Bai, wife of his cousin brother Roop Singh came to his house stating that when her husband and her father-in-law Laal Singh were watering crops in their agricultural land, present applicant - Krishnagopal @ Gabba alongwith his associates Kedar Singh, Jagdish, Dilip Gurjar, Kapil Gurjar, Arjun Singh Gurjar, Hariom Gurjar, who are their neighbouring land owner came with farsi, lathi, axe and sword and started abusing them in filthy language. When they objected to the abuse, all the accused persons started assaulting Roop Singh and Laal Singh and caused them grievous and life threatening injuries. When complainant tried to intervene, the accused persons also caused injury to him on his left hand thumb. On such allegation, PS Boda registered FIR for offence punishable under Sections 191(2), 191(3), 190, 296(a), 115(20, 118(1) and 109(1) of BNS, 2023. After investigation, charge sheet has been filed.

The counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the offence. He is behind bars since 17.02.2026. It is further submitted that applicant aged is about 34 years. Charge-sheet has been filed. He further submitted that no specific allegation is levelled against the applicant. It is nowhere alleged that present applicant caused any injury to the injured persons. As per medical report, all the injuries suffered by Roop Singh and Laal Singh are alleged to be caused by sharp object while it is alleged that wooden stick(Lathi) has been seized from the applicant. He further submits that as per seizure memo, no human blood stains were found on the lathi recovered from the present applicant. There are no criminal antecedents of the applicant. There is no likelihood of tampering with the evidence by the applicant. He has further submitted that the trial will take its own time to conclude, therefore, it is prayed that the applicant be released on bail.

4 .Per contra, counsel for the State has opposed the same by submitting that specific role has been attributed to the applicant. All the accused persons have played active participation in the crime in question and serious injuries are caused to the injured persons. Considering the material available on record, it is not a case where the applicant can be extended benefit of bail. Therefore, bail application of the present applicant should not be considered.

Heard the submissions made at the bar and perused the case diary.

Considering the material available on record, considering the injuries received by the complainant and other persons, which is taken place in the fight occurred between two groups in the agricultural field of applicant, considering the nature of injuries received by the injured which are possible with sharp weapon, which could not be caused by wooden stick(lathi), the role attributed to the applicant so also the fact that charge sheet has already been filed, applicant is behind the bar since 17.02.2026 coupled with the fact that trial will take considerable time and principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India and other aspects of the matter, but without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Accordingly, the application is allowed.

It is directed that the applicant shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. In addition to this, (1) He will not act in any manner which influence the proceedings of trial or influence any of the witnesses; (2) He will not indulge in any criminal activity by musing the liberty granted by this order; (3) He shall remain present at the time of trial without any default; (4) He shall make himself available as and when required in trial and shall cooperate in the trial; (5) The applicant shall provide his permanent address and functional mobile number to the concerned trial Court and the police station and; (6)) He shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

It is made clear that if any of the above conditions are violated, it is open for the prosecution to pray 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.

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.