Narayan Singh vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of bail in connection with Crime No.459/2025 registered at Police Station-Makdon, District-Ujjain(M.P.) for offence punishable under Sections 115(2), 296(b), 351(3), 3(5) and 109 of the BNS, 2023. The applicant is in judicial custody since 2.2.2026.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. It is a case of false over implication. Applicant did not commit the alleged offence. As per accusation in FIR, co-accused Mangilal caught hold of the hands of Vijaysingh. Narayansingh (applicant) assaulted Vijaysingh with wooden sticks on his mouth. Vijaysingh sustained injury near left eye, which was found to be simple in nature. There is no fracture on skull or mouth of Vijaysingh. The prosecution for offence punishable under Section 109 of BNS, 2023 was added on the basis of CT Scan report showing fracture of ribs, which is not reported in the FIR. Learned counsel further referring to the cross-case FIR registered at Crime No.458/2025, P.S. Makdon contends that it is a case of free-fight between the parties. Both the parties had oral altercation over damage of pipe-line, which aggravated into physical scuffle. The investigation is almost complete. Further custodial interrogation of the applicant is not needed in the matter. The applicant has clean past with family roots and property. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant. The applicant is ready to cooperate in the trial. The alleged offence is not heinous or brutal in nature affecting society at large.

Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant. Applicant is aged 61 years. He is an agriculturist by profession.

As per the accusation on case diary, Vijaysingh reported to P.S. Makdon that on 10.12.2025, around 08.00 in the morning, he was passing in front of the house of Mangilal, Narayansingh (applicant) and Mangilal abused him in filthy language over dispute of way. Mangilal caught hold of his hand. Narayansingh assaulted him with wooden stick on his mouth. He sustained injury near left eye. Cash Rs.70,000/- fell down somewhere during scuffle. Accused threatened him to kill. On such allegation, P.S. Makdon, District - Ujjain(M.P.) registered FIR for offence punishable under sections 115(2), 296(b), 351(3), 3(5) of the BNS, 2023 against Mangilal and Narayansingh. The injured Vijaysingh was forwarded for medico-legal examination. The injury on mouth of Vijaysingh was found to be simple in nature. Later, he was subjected to CT Scan on chest. The Medical Officer opined that fracture of ribs revealed by CT Scan report may be life threatening. Therefore, prosecution for offence punishable under Section 109(1) and 117(2) of BNS, 2023 was added. The relevant seizures were made. The statement of witnesses were recorded. The applicant was arrested on 2.2.2026. He is in custody ever since. A wooden stick was seized at the instance of the applicant Narayansingh. The trial would take time to conclude. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of the prosecution and complicity of the applicant in the alleged offence will be considered on merit after evidence.

As informed, the applicant has family responsibility. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal past, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.

Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant -Narayan Singh shall be released on bail in connection with Crime as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety of the same amount to the satisfaction of the trial Court, for compliance with the following conditions :(For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the trial Court may consider, on merit, cancellation of bail without any impediment from this order.

The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he/she had explained the conditions to the concerned accused or the surety.