Rohit Pal And Others vs State Of Madhya Pradesh

Achal Kumar Paliwal, J

This is first bail application filed on behalf of applicants under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The applicants are in jail since 17.11.2025 in connection with Crime No.183/2025 registered at P.S. Raipur Karchuliyan, District- Rewa, for the offence punishable under Sections 103(1), 296, 351(2), 3(5), 190, 191(2) & 191(3) of BNS.

Prosecution story, in brief is that applicants as well as co-accused persons abused Abhishek, Shyamkali, Sunita Pal and Rachna Pal in the name of mother and sister. Present applicants and other co-accused persons assaulted Abhishek with kicks, fists and wooden sticks. Later on Shyamkali also came on the spot and other co-accused persons assaulted with wooden stick. Thereafter, co-accused Ajay Pal came with motorcycle and ran over him. On account of which deceased Shyamkali sustained injuries and later on scummbed to the same.

Learned counsel for the applicants submits that applicants are in jail since 17.11.2025. After investigation, charge sheet has been filed. It is also urged that injuries sustained by Sunita Pal and Rachna Pal are simple in nature. Incident is said to have occurred on 15.05.2025 and FIR has been lodged on 16.05.2025 against six persons, whereas in CCTV panchnama only three persons are visible at the scene of incident. Applicants was not present at the scene of incident and they have been falsely implicated on account of being family members of co-accused persons. Allegation against presents applicant are that they assaulted Abhishek with kicks and fists. Further after referring to medical report etc., it is urged that deceased had died on account of injury sustained by RTA or some heavy object.

Learned counsel for the applicants further submits that in CCTV footage, complainant party is seen as aggressor. Further, after referring to the OPD slip, marge intimation and inquest, it is urged that initially in aforesaid documents, it is mentioned that it is a case of RTA and later on, it has been converted into murder. Further, in the same incident, applicants' party also sustained grievous injuries and applicants has lodged report immediately after the incident. Further, after referring to statement of witnesses, it is urged that therein, no date has been mentioned, as to on which date of statements were recorded. On above grounds, it is urged that applicants be released on bail.

Learned Panel Lawyer for the respondent/State submit that applicants were present at the scene of incident and he has actively participated in the incident. Therefore, he was also part of unlawful assembly and therefore, he is also liable for the alleged incident. Therefore, they prays for dismissal for bail application.

Having regard to the sequence of event and role of applicants in the instant offence, I deem it proper to release the applicants on bail.

It is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount each to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.

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.

10 . Soft copy of this bail order be sent immediately/forthwith to applicants through concerned jail Superintendent.

M.Cr.C. stands allowed and disposed off.

Certified copy as per rules.