Rajesh Mahavar vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No. 80 of 2026 registered at Police Station - Chimanganj Mandi, Ujjain, District- Ujjain (M.P.) for offence punishable under Section 80(2) of the BNS, 2023. Applicant is in judicial custody since 31/01/2026.

Learned counsel for the applicant submits that considering that there are several contradictions in the statement given by near relatives, mother, brother of the deceased and other persons as also regarding timings mentioned in the FIR and their depositions, it creates serious doubts. He has further submitted that screen shots of video call with sister of the deceased are also of some earlier time and the timing of commission of such suicide by wife by consuming acid also creates serious doubt. He has submitted that even otherwise, charge-sheet is filed and earlier, application was filed by the applicant under section 9 of the Hindu Marriage Act and his wife had returned back to matrimonial house alongwith a child aged around five years. He has further submitted that at present, the child is staying with the mother of present applicant and therefore also, considering the totality of facts and circumstances of the case and considering the material against the present applicant as also now the charge-sheet has been filed and trial would take some more time to conclude and considering the principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India, present application requires to be considered.

Learned counsel for the State has opposed the prayer made by the applicant by stating that the statements of the witnesses clearly transpires that there is serious involvement of present applicant in commission of crime. even screen shots of video chat of the sister with the deceased indicates certain problems between the deceased and the applicant. Considering the seriousness of the offence, allegations in the statement of witnesses, no relief may be granted to the applicant.

I have heard the submissions and perused the case diary.

Considering the totality of the facts and circumstances of the case and considering the fact that the applicant is aged around 25 years and is labourer by profession and he is behind the bar since 31/01/2026, charge -sheet has been filed as also considering the material on record and the statements of near relatives of deceased, there is no such material which prima-facie connects the applicant with alleged offence and supports the case of prosecution and also considering the fact that the applicant is having one child aged around 5 years, who is being taken care by mother of applicant and considering the principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India, trial would take consideration time, but without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail.

It is directed that the applicant shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety in the like amount to the satisfaction of the trial Court concerned for her appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

The applicant shall comply with the provisions of Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023. She will not involve themselves in any criminal activity otherwise it is open for the prosecution to move an application for cancellation of bail. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.