Mahendra Pardi vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 16.06.2024 by Police Station-Dharnawada, District Guna in connection with Crime No.175/2024, registered in relation to the offence punishable under Sections 302, 147, 148, 149, 341, 294 of IPC and section 25/27 of Arms Act.

Prosecution case, in brief, is that on 12.05.2024 complainant filed a complaint that at about 02:00 PM, she and her father (deceased) were returning on a motorcycle after placing food at the cremation ground where Jalpuri was burnt, when on the road near the farm of Sugun Bai, 22 persons came together and blocked their way and told them not to go inside the village. Her father said that he was going to see his house, and when she and her father started going on the motorcycle, all the accused started abusing them and threw them off the motorcycle. They started slapping her and her father. When they asked them to stop to do so, present applicant-Mahendra shot the deceased with a gun to kill him. The bullet hit the deceased near his left ear and passed through his face and came out and thereafter he fell down. Then her uncle's son Ramnarayan who had come to the spot called the police, took the deceased in the vehicle to Guna Government Hospital where the doctor declared him dead. On the basis of which the FIR has been registered against the applicant.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. There are omnibus allegation against the applicant. Trial will take time for its conclusion. Counsel for the applicant has submitted that the co-accused person namely Jeetu has already been granted bail in M.Cr.C.No.34647 of 2025 vide order dated 22.8.2025 by this Court and the case of the present applicant is akin to that of co-accused, thus, he is entitled to be released on bail on the ground of parity also. The applicant is permanent resident of District Guna and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection submitting that present applicant-Mahendra is the main accused, who had shot the deceased with a gun to kill him.

Considering the overall facts and circumstances of the case, serious nature of the allegations against the applicant, particularly the charge of intentionally causing the death of the deceased by shooting him and looking to the nature of the offence and the applicant's involvement in the incident, as per the prosecution's case, this Court is not inclined to extend the benefit of bail to the applicant.

Accordingly, the present bail application is hereby dismissed.