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Judgment
18 paragraphs · 817 wordsMilind Ramesh Phadke, J
The applicant has filed this first application under Section 483 of BNSS for grant of bail.
The applicant has been arrested on 29.12.2025 in connection with Crime No.350/2024 registered at Police Station Jigna District Datia (M.P.) for the offences punishable under Sections 302, 34 of IPC.
As per prosecution story, the incident is stated to have occurred between 14.05.2023 and 16.05.2023, and the dead body of the deceased Anshul Singh Chauhan was found lying in a well. In this regard, Police Station Jigna, District Datia registered Marg No. 11/23 and an inquiry was being conducted. However, in the meantime, the complainant Chandrapal Singh filed an application under Section 156(3) of the Code of Criminal Procedure before the Court of the Chief Judicial Magistrate, Datia on 07.08.2023, which was dismissed on 27.05.2024, against which, the complainant/revisionist filed a revision petition before the Sessions Court and the same was allowed vide order dated 13.12.2024 and the police station Jigna was directed to register a First Information Report under the appropriate sections. Subsequently, in compliance with the said order, a First Information Report was registered at Police Station Jigna against the accused persons as Crime No. 350/2024, in which the police arrested the applicant and sent him to judicial custody.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the police recovered the dead body and conducted a post-mortem examination, in which no external injuries were found and the cause of death was stated to be due to drowning. However, the complainant filed a complaint alleging injuries on the basis of oral statements. Therefore, it is necessary to ascertain the actual facts as to how the deceased died. The statements of the co-accused Smt. Janki were also recorded during the Marg inquiry, wherein it was stated that her daughter Shivani and the deceased were in a love relationship, but since the family members did not agree to their marriage, Anshul Singh committed suicide by jumping into his own well. However, with the intention of harassing poor Scheduled Caste persons, driving them out of the village, and attempting to illegally occupy their house and patta land, the present false case has been lodged. It is further contended that the incident is stated to have occurred on 14.05.2023, whereas the report was lodged on 13.12.2024, and only thereafter the investigation has commenced. The medical report (post-mortem) shows no injuries and does not support the prosecution story. The applicant has been in judicial custody since 29.12.2025. The disposal of the case will take considerable time. No further interrogation or seizure proceedings remain pending in relation to the case. The applicant is a permanent resident of Village Pathari, Police Station Jigna, District Datia. In the event of his release on bail, there is no likelihood of her absconding or influencing the prosecution evidence. In view of the aforesaid circumstances, it is prayed that the applicant be extended the benefit of bail.
Learned Panel Lawyer for the State as well as counsel for the complainant vehemently opposed the application and prayed for its rejection.
Heard counsel for the parties and perused the case diary.
Considering the aforesaid and the fact that the material placed on record does not disclose the possibility of the applicant's fleeing from justice, 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:-
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/her from disclosing such facts to the Court or 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.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
