Suryabhan @ Bhuru Pal vs State Of Madhya Pradesh

Achal Kumar Paliwal, J

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

The applicant is 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 applicant as well as co-accused persons abused Abhishek, Shyamkali, Sunita Pal and Rachna Pal in the name of mother and sister. Present applicant 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 applicant submits that applicant is 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. Applicant was not present at the scene of incident and he has been falsely implicated on account of being family members of co-accused persons. Allegation against present applicant is that he 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 applicant 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, applicant's party also sustained grievous injuries and applicant 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 applicant be released on bail.

Learned Panel Lawyer for the respondent/State submit that applicant was 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 applicant in the instant offence, I deem it proper to release the applicant on bail.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He 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 applicant through concerned jail Superintendent.

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

Certified copy as per rules.