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Madhya Pradesh High Court
Mehul Mishra vs The State Of Madhya Pradesh on 7 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:27034
1 MCRC-12760-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 7 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 12760 of 2026
MEHUL MISHRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aman Soni - Advocate for the applicant.
Ms. Gauri Pathak - Panel Lawyer for the State.
ORDER
This is the first application filed by the applicant under Section 482 of
Bharatiya Nagrik Suraksha Sanhita, 2023 seeking anticipatory bail in connection
with FIR/Crime No.237/2026 registered at Police Station-Motinagar, District-
Sagar (M.P.) for the offence punishable under Sections 296, 296(a), 115(2),
331(6), 118(1), 351(3), 3(5) of BNS, 2023.
2. Learned counsel for the applicant has submitted that on 01.03.2026, a
report (Crime No.238/2026) was lodged by Chinmay @ Sanu Mishra s/o
Ramkrishna Mishra against Pawan Rajak alleging that he returned to his home on
01.02.2026 at about 11:45 pm after taking dinner at Karishma hotel, when he
reached near his house, Pawan Rajak and Aman Rajak were standing in front of
his house and started abusing him and Pawan Rajak assaulted Chinmay @ Sanu
Mishra with a danda. After that, both the accused persons threw him down and
assaulted him by hand and fist. On that, the FIR was registered as Crime
No.238/2026 at Police Station-Motinagar, Sagar and the complainant suffered
injuries.
NEUTRAL CITATION NO. 2026:MPHC-JBP:27034
2 MCRC-12760-2026
3. Learned counsel for the applicant has further submitted that the same
allegations are made against the applicant that on 01.03.2026 at about 11:00 pm,
Yash Rajak was in his house and his father Pawan Rajak was in his room. The
applicant along with his brother was quarreling. On that, Yash Rajak asked them
not to quarrel in front of his house but both the accused i.e. the applicant and his
brother followed him and entered into the house and assaulted him. Mehul Mishra
assaulted Yash Rajak with a danda and he suffered injuries. After that, Manu
Mishra assaulted the complainant Esha Rajak with a piece of stone and she also
suffered injury to her left eye. When other persons came, the applicant returned to
their house to threaten the complainant. On that basis, the incident has taken place.
4. The incident occurred outside the house, whereas in the case against the
applicant, it is shown that the incident occurred inside the complainant's house.
On that basis, the offence under Sections 118(1) and 331(6) of BNS has been
alleged to be committed by the applicant, whereas no offence under Sections
118(1) and 331(6) of BNS is made out. From the contents of the FIR itself, there
was no house breaking or trespass in the category of lurking house trespass,
hence, the applicant be given the benefit of anticipatory bail.
5. Learned counsel for the State has opposed the bail application and
submitted that the applicant is absconding and a danda has to be seized from his
possession. If he is granted anticipatory bail, the danda may not be recovered from
the applicant's possession, hence, no case of anticipatory bail is made out.
6. Heard the parties and perused the case diary.
7. On perusal of the record, it appears that cross-FIRs have been registered
and there is a doubt whether an offence under Sections 118(1) and 331(6) of BNS
is made out. Looking to the factual aspect of the case, this Court deems it
NEUTRAL CITATION NO. 2026:MPHC-JBP:27034
3 MCRC-12760-2026
appropriate to enlarge the applicant on anticipatory bail. Thus, without
commenting anything on the merits of the case, the application is allowed.
8. It is directed that in the event of arrest, the applicant shall be enlarged on
bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety of the like amount to the satisfaction of
the Arresting Officer for his appearance before him during the course of
investigation or before the trial Court concerned during trial, as the case may be.
9. The applicant is directed to cooperate with the investigating agency and
if required by the police, also appear on the date and time directed by the
Investigating Officer.
10. It is further directed that the applicant shall abide by all the conditions
as enumerated under Section 482(2) of BNSS.
11. Accordingly, the application stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
HK
