Rambabu vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is second bail application under Section 483 of BNSS filed by the applicant for grant of bail. First application was dismissed as withdrawn vide order dated 4.11.2025 passed in M.Cr.C.No.50264/2024 with liberty to renew the same after filing of charge-sheet.

The applicant has been arrested on 13.9.2025 by Police Station-Kachnaar, District Ashoknagar in connection with Crime No.260/2025, registered in relation to the offence punishable under Sections 108, 238 of BNS.

As per prosecution story on 08.08.2025, at about 2:00 a.m., he had gone to the Siddh Baba Ashram, Jogiyadham. At that time, his wife Rekhabai Sahu was alone and sleeping at their house. The complainant further stated that a person from the village, Yashpal Yadav, contacted him on his mobile phone and informed him that an insect had bitten Rekhabai and that he should immediately return home. On receiving this information, the complainant reached home and, along with his relatives, took Rekhabai to Mungaoli for medical treatment. However, the doctor there declared her dead. According to the complainant, his wife died due to a snake bite. On the basis of this information, a Dehati Nalshi (rural information report) was recorded and Merg No. 24/25 was registered under Section 194 of the BNSS, regarding the unnatural death of Rekhabai.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. The petitioner states that on the date of the incident, his wife Rekhabai was alone and sleeping at their home. The petitioner had gone to the Siddh Baba Ashram, Jogiyadham. During the night, the neighbours Sanjeev and Yashpal informed him that Rekhabai had been bitten by a snake. On receiving this information, the petitioner immediately returned home and found his wife lying unconscious. With the intention of saving her life, the petitioner took her to village Gudbar, District Lalitpur, for traditional healing. However, the healer advised them to take her to a hospital. When she was taken to the hospital, the doctors declared her dead. There is no material to show that the deceased had committed suicide due to some instigation made by the applicant or in any was instrumental in the death, thus, when there are no ingredients of abatement, offence under section 108 of BNS is not made out. Trial will take time for its conclusion. The applicant is permanent resident of District Ashoknagar 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.

Considering the overall facts and circumstances of the case, nature of allegations and particularly the ground of parity with co-accused, coupled with 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 expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

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

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.