Mohan Sahu vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the Third application filed by the applicant u/S. 483 of BNSS for grant of bail relating to Crime No.262 of 2024 registered at Police Station - Bahadurpur District Ashoknagar (M.P.) for the offence under Section 103(1), 115(2), 296, 351(3) and 3(5) of BNSS. His earlier bail applications M.Cr.C.Nos.7112 of 2025 dated 9th May, 2025 and M.Cr.C.no.9410 of 2026 dated 25th February, 2026 respectively were dismissed as withdrawn.

As per the prosecution's story, the present applicant along with other co-accused armed with deadly weapons reached to the place of incident and committed marpeet of deceased Muklesh Sahu due to which he died. They also committed mareept with complainant when he tried to save deceased. Therefore, the offence has been registered against him.

Learned counsel for the applicant / accused argued that applicant is innocent and has been falsely implicated. He is in custody since 28.09.2024. It is further submitted that there exists long standing rivalry between both the parties over claiming of rights on the land. Therefore, on the date of incident, the dispute arose and after exchange of abuses, fight took place. It was case of free fight, therefore, offence bearing Crime No.261 of 2024 was also registered agaisnt the complainant party under sections 115(2), 118(1) AND 296 of BNSS. Applicant Mohan has also received injuries over his head and hand. Conclusion of the trial is likely to take long time to conclude. Applicant is the permanent resident of District - Ashoknagar (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence, if released on bail. No custodial interrogation is required. Hence, prayed for grant of bail to the applicant.

On the other hand, learned State counsel vehemently opposed the bail application and prayed for its rejection stating that applicant along with other co-accused persons brutally committed marpeet with deceased Mukhlesh due to which he died during treatment. Statements of material witnesses have already been recorded before dismissal of earlier bail application of the applicant on 25.02.2026. Therefore, no new ground is made out for bail. Even otherwise, looking to the heinousness of offence, where, a person was murdered by a number of persons by beating with deadly weapons. Therefore, the applicant does not deserve bail at this stage.

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

Considering the facts and circumstances of the case, it is apparent that from the date of dismissal of bail application of the applicant, no change in circumstances took place. Therefore, the applicant does not deserve bail at this stage. Hence, this application is dismissed.

Certified copy as per rules.