Madhya Pradesh High Court
Bhadar Singh vs The State Of Madhya Pradesh on 18 September, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:27289
1 MCRC-40258-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 18th OF SEPTEMBER, 2025
MISC. CRIMINAL CASE No. 40258 of 2025
BHADAR SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Dharmendra Gurjar - Advocate for the applicant.
Shri Apoorv Joshi - Govt. Advocate for the respondent/State.
Shri Manoj Saxena - Advocate for the respondent [COMP].
ORDER
This first application has been filed by applicant under Section 482
of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory bail in
connection with Crime No. 398/2025 registered at Police Station-
Kalapeepal, District- Shajapur (M.P.) for offence punishable under Sections
108 and 3(5) of the BNS, 2023. Applicant is apprehending arrest in the
matter.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
Learned counsel for the applicant in addition to the grounds
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mentioned in the application submits that the applicant is falsely implicated
in the alleged offence. He has not committed the alleged offence. There was
no instigation, intention or mens rea to cause death of Bhagwan
Singh. Learned counsel referring to judgment of Hon'ble Supreme Court in
the case of Sanju @ Sanjay Singh Sengar Vs. State of M.P. reported in
AIR 2002 SC 199; Amalendu Pal @ Jhantu Vs. State of West Bengal,
reported in (2010) 1 SCC 707,Arnab Manoranjan Goswami Vs. State of
Maharashtra and Others reported in 2020(SCC Online) SC 964 and
Abhinav Mohan Delkar Vs. State of Maharashtra reported in 2025 INSC
990 , contends that mere harassment, without any positive proximate action
on part of the accused showing mens rea to abet the suicide, does not
amount to abetment for suicide. Learned counsel further submits that
applicant enjoys good character and social standing. The custodial
interrogation of the applicant is not needed in the matter. Jail incarceration
on false accusation would cause hardship to the applicant and family. He is
ready to cooperate in investigation. Therefore, the applicant may be extended
the benefit of anticipatory bail.
Per contra, learned counsel for the State, ably assisted by learned
counsel for the objector, opposes the application on the ground of gravity of
alleged offence. However, after going through the case diary, he fairly states
that no criminal antecedent is reported against the applicant.
According to the material available on case diary, Bhagwan
Singh aged around 27 years consumed insecticide celphos on 21.07.2025
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around 3:00 p.m. at his agricultural field in Village - Kothdi. He was taken
for treatment to Civil Hospital, Sehore. Bhagwan Singh succumbed to death
on 22.07.2025. The Medical Officer, on post-mortem examination, opined
that Bhagwan Singh had died due to poisoning and its complications. Gyan
Singh - father of Bhagwan Singh and Babulal - brother of Bhagwan Singh
alleged that around 20 days before his death, Bhagwan Singh had informed
him that he had taken loan from Bhadar Singh and Nandkishor. Bhadar
Singh and Nandkishor were harassing him and demanding higher interest on
the money lent to him. There was whatsapp communication between Bhadar
Singh and Bhagwan Singh wherein Bhadar Singh informed that he is coming
to Village - Kothdi for getting his money back. Bhagwan Singh has
committed suicide feeling aggrieved and harassed by Bhadar Singh and
Nandkishor. On such allegations, the PS - Kalapipal registered FIR for
offence punishable under section 108 and 3(5) of the BNS, 2023 against
Bhadar Singh(applicant) and Nandkishor. The statements of witnesses have
been recorded. Investigation is underway. Prima-facie , there appears to be no
direct connection between the deceased and the applicant in close proximity
of his death. There is no material to substantiate that the deceased was
pressurized to the extent that he was left with no option, but to commit
suicide. The veracity of prosecution will be considered on merits after
evidence in the trial.
As informed, applicant is aged 52 years. He is an agricultural
labourer by profession. He has the responsibility of dependent family.
Considering the age, profession and status of the applicant, there appears to
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be no likelihood of fleeing from justice or involving in any criminal activity.
In absence of criminal antecedents, there appears to be no likelihood of
tampering with the evidence, influencing the witness or interfering in the
investigation by the applicant. The incarceration of applicant does not appear
to be necessary for the purpose of investigation. The grant of anticipatory
bail to the applicant will not cause prejudice to free, fair and full
investigation. Considering his clean past, age, status and profession, the
applicant may suffer hardship and prejudice due to incarceration entailing
social disrepute and humiliation. Considering the overall circumstances of
the case, but without commenting on merits of the accusation, this Court is
inclined to grant anticipatory bail to the applicant. Thus, the application is
allowed.
Accordingly, it is directed that in the event of arrest, applicant -
Bhadar Singh shall be released on bail in connection with Crime as
mentioned in the first paragraph of this order, upon furnishing a personal
bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with separate
solvent surety of the like amount to the satisfaction of the officer making
arrest/the Competent Court for compliance with the following
conditions: (For the convenience of understanding by accused and surety, the
conditions of bail are reproduced in Hindi as under):-
1) Applicant shall make himself available for investigation as may be directed
by the Investigation Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgsxkA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxh ;k mlesa lfEefyr ugha gksxkA
(3) Applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
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them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosnd izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh
;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus
ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks
cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C/346 of the BNSS. regarding examination of witnesses in
attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la-@346
Hkkjrh; ukxfjd lqj{kk lafgrk ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA
This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the Trial Court may consider on
merit cancellation of bail without any impediment from this order.
The Investigation Officer /trial Court shall get these conditions
reproduced on the personal bond by the accused and on surety bond by the
surety concerned. If any of them is unable to write, the scribe shall certify
that he/she had explained the conditions to the concerned accused or the
surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
