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Madhya Pradesh High Court
Rajeshwari vs State Of Mp Through P.S on 2 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:3209
1 MCRC-3018-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 2 nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 3018 of 2026
RAJESHWARI
Versus
STATE OF MP THROUGH P.S
Appearance:
Shri Chandra Prakash Purohit - Advocate for the applicant.
Shri Gaurav Rawat GA for the State.
ORDER
1. This first application has been filed by applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No. 920 of 2025 registered at Police Station-
Industrial Area, Ratlam, District- Ratlam (M.P.) for offence punishable under
Sections 119(1), 119(2), 333, 331(4), 296-B, 115(2), 351(3) and 3(5) of the
BNS, 2023. Applicant is in judicial custody since 22/12/2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant in addition to the grounds
mentioned in the application submits that the applicant is falsely implicated
in the alleged offence due to previous dispute between the parties. There was
matrimonial discord between applicant Rajeshwari and complainant Balram.
NEUTRAL CITATION NO. 2026:MPHC-IND:3209
2 MCRC-3018-2026
She left Balram and started living with Ritesh, therefore, she is falsely
implicated in the alleged offence. No offence, as alleged, is committed by the
applicant. The investigation is almost complete. Further custodial
interrogation of the applicant is not needed in the matter. Applicant has clean
past, with family roots. There is no history of evading process of law. There
is no likelihood of tampering with evidence by the applicant The trial would
take time to conclude. Jail incarceration is causing hardship to the applicant
and the dependent family. Applicant is ready to cooperate in further
investigation. The alleged offence is not heinous or brutal in nature affecting
society at large.
5. Per contra, learned counsel for the State 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. Applicant is aged 29 years and is homemaker by profession.
6. As per the accusation on case diary, Balram reported to the Police
Station - Industrial Area, Ratlam that on 11/12/2025 around 12:15 in the
night, Ritesh knocked the door. When he did not open the door, Ritesh
kicked the door and broke the latch of the door. He entered the house
alongwith his wife Rajeshwari. Ritesh asked for Rs.2000/- to consume
liquor. Ritesh abused him in filthy language and assaulted with fist blows.
When his wife Pooja intervened, Rajeshwari assaulted Pooja with fist blows.
On such allegation, the Police Station - Industrial Area, Ratlam registered
FIR for offence punishable under sections 333, 331(4), 296-B, 115(2),
351(3) and 3(5) of the BNS, 2023. The prosecution was added for offence
NEUTRAL CITATION NO. 2026:MPHC-IND:3209
3 MCRC-3018-2026
punishable under sections 119(1), 119(2) of the BNS, 2023 due to fracture
suffered by Balram. Applicant was arrested on 22/12/2025. She is in custody
ever since. The investigation is almost complete. The contentions advanced
by the applicant have prima-facie merit and cannot be dismissed as
manifestly baseless. The veracity of the prosecution and complicity of the
applicant in the alleged offence will be determined after evidence in trial.
7. As informed, the applicant has family responsibilities.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any criminal antecedent, considering the socio-
economic status of the applicant, there appears to be no likelihood of
recidivism or tampering with evidence or influencing the witnesses by the
applicant. There appears to be no compelling reason to continue
incarceration of the applicant. However, the observations, herein-above, are
recorded for present application only.
8. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
9. Accordingly, it is directed that applicant- - Rajeshwari shall be
released on bail in connection with Crime, as mentioned in first paragraph of
this order, upon furnishing a personal bond in the sum of Rs. 50,000/-
(Rupees Fifty Thousand only) with one surety of the same amount to the
satisfaction of the trial Court, for compliance with the following conditions
: (For convenience of understanding by accused and surety, the conditions
NEUTRAL CITATION NO. 2026:MPHC-IND:3209
4 MCRC-3018-2026
of bail are also reproduced in Hindi as under):--
(1) Applicant shall remain present on every date of hearing as may be directed by
the concerned court;
(1) vkosfndk lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxhA
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) vkosfndk leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxhA
(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
them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosfndk izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k
opu ugha nsxh 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) vkosfndk 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 djsxhA
(5) During trial, the applicant shall ensure due compliance of provisions of Section
309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023 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- ds izko/kkuksa dk
mfpr vuqikyu lqfuf'pr djsxhA
10. 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.
11. The 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
amol
