Rubal Singh 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. His first bail application was dismissed as withdrawn vide order dated 23.01.2026 in M.Cr.C. No.3676/2026 with liberty to renew his prayer after filing of charge sheet.

The applicant has been arrested on 05.01.2026 by Police Station- Jhansi Road, District Gwalior in connection with Crime No.06/2026, registered in relation to the offence punishable under Sections 324(4), 109(2), 296(A), 3(5) of BNS.

As per prosecution case, complainant Sumit Jat got a Dehati Nalishi recorded on 04.01.2026 at the Surgical Ward, One Thousand Bedded Hospital, Bed No. 58, J.A.H., Gwalior, stating that on 02.01.2026 he, along with his companions Arun Jat and Satpal Randhawa, was returning from Gwalior to their village Urwa Chinoor in Satpal Randhawa’s Swift car bearing registration number MP-07 ZN-1641, which was being driven by Satpal, while the complainant was seated beside him and Arun Jat was seated on the rear seat. When they reached Saton Mod Bypass, at about 6:30 PM, the complainant got the vehicle stopped for the purpose of using the toilet and got down from the car, whereupon another car stopped behind them and from it Gurpal, Harshdeep, Rubal and Palvinder alighted and, upon seeing him, started hurling filthy abuses on account of previous enmity. Upon hearing the sound of abuses, Satpal Randhawa and Arun Jat also got down from the car, whereafter the said four persons began abusing Satpal Randhawa and Arun Jat with filthy abuses; when the complainant party objected to such abuses, Gurpal took out a country-made pistol from his waist and fired shots with the intention to kill, as a result of which one bullet struck the complainant below the knee of his right leg, causing injury and bleeding, and thereafter the said persons also caused damage to Satpal Randhawa’s car. Since Arun Jat was not in a position to walk properly, he telephoned the complainant’s brother Pawan Jat, who arrived in his Kia Sonet car, and thereafter the complainant, Arun Jat and Satpal Randhawa came in that vehicle to the Trauma Center, J.A.H., Gwalior for treatment, where the complainant is presently undergoing medical treatment. On the basis of the said Dehati Nalishi, at Police Station Jhansi Road, District Gwalior, Crime No. 06/2026 has been registered under Sections 324(4), 109(2), 296(A), and 3(5) of the Bharatiya Nyaya Sanhita, and the First Information Report has been recorded.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the impugned FIR is a counter-blast to FIR No. 0003/2026 dated 03.01.2026, lodged at the instance of the co-accused, namely Palvinder Singh, wherein, in fact, the complainant along with other co-accused persons had committed the illegal acts. Learned counsel further submits that the trial is likely to take considerable time to conclude. The applicant is a permanent resident of District Gwalior and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant undertakes to abide by any condition that may be imposed by this Hon’ble Court. It is further submitted the allegation of firing gunshot is against co-accused Gurpal Singh Chehal, who has already been granted anticipatory bail by this Court vide order dated 04.02.2026 in M.Cr.C. No.3834/2026 and the case of the present applicant is on better footing to that of co-accused. Hence, the present applicant is entitled to be released on bail on the ground of parity also.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the record.

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 local 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.