Naresh Chandel vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

The applicant has filed this first application under Section 439 of Cr.P.C. (483 of BNSS, 2023) for grant of bail. He has been arrested on 26.08.2025 in connection with Crime No.272/2025 registered at Police Station Ishagarh, District Ashoknagar (M.P.) for offence punishable under Sections 115(2), 296, 331(6), 118(1), 118(2) of BNS, 2023.

The prosecution case, in brief, is that on 13.08.2025, the complainant Pushpabai Chandel, along with her son Rishikesh, appeared at the police station and lodged a report alleging that her house and that resident of her jethoth (husband's elder brother's son) Naresh are separate. On 12.08.2025, when she, her son Rakesh Chandel, and her daughter-in-law Vinita were sitting inside the house that around 8:00-8:15 p.m. her jethoth's son Naresh Chandel (applicant) entered the house carrying a sickle (hasiya) in his hand and took her son Rakesh to the roof of the house on the pretext of talking to him. As soon as they reached the roof, Rakesh's cries were heard, and when they went up, they saw that the accused/applicant Naresh (applicant) was abusing Rakesh in filthy language and was assaulting him with kicks and fists. Naresh (applicant) further bit Rakesh's left ear, due to which an injury was caused and bleeding started. When she tried to intervene, she was also beaten, resulting in simple injuries on her left hand palm and right knee. Thereafter, they went to the hospital, from where Rakesh was referred to District Hospital, Ashoknagar. On the basis of the said report, alleged Crime was registered against the applicant and investigation was initiated.

During investigation, a spot map was prepared, the statements of the complainant and witnesses were recorded, and the medical report of injured Rakesh Chandel noted by the doctor mentioned "Avulsed lobule of left ear - grievous", which attracted Section 118(2) BNS, and hence the section was added. The iron sickle used in the incident was seized and a seizure memo was prepared. The accused Naresh was arrested. The investigation is still in progress.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He is in custody since 26.08.2025. Offence is triable by JMFC. Trial will take time for its conclusion. It is further submitted that on the date of the alleged incident itself, the applicant's wife, Smt. Rani Chandel, had lodged a report at Police Station Isagarh against Rakesh Chandel alleging commission of rape and on the basis of said report, Crime No.272/2025 was duly registered. In order to evade the said proceedings, the complainant party has fabricated a false story, inflicted self-injuries, and lodged the present report, seeking to falsely implicate the applicant. It is further submitted that in reality, the applicant had merely gone to advise the complainant party to refrain from harassing his wife. However, on account of such advice, the complainant party became annoyed, assaulted the applicant, and thereafter lodged the present false case at the police station. The applicant is a 32-year-old young man, who ekes out his livelihood through labour work and is the sole breadwinner of his family. His arrest would cause irreparable loss and hardship to his future as well as to the survival of his dependents. The applicant is permanent resident of District Ashoknagar and there is no likelihood of his absconding or tampering with the prosecution evidence. Trial will take its own timer. 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.

Per contra, learned Public Prosecutor has vehemently opposed the application and prayed for its rejection.

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

Considering the overall facts and circumstances of the case and the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, 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 and it is directed that the applicant be released 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:-

i) The applicant will comply with all the terms and conditions of the bond executed by him;

ii) The applicants will cooperate in the investigation/trial, as the case may be;

iii ) 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;

iv) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he is found involved in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench;

v) The applicant will not seek unnecessary adjournments during the trial;

vi) 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.