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Madhya Pradesh High Court
Rajkumar @ Ramsushil Vishwkarma vs The State Of Madhya Pradesh on 2 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:9268
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 2 nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 2226 of 2026
RAJKUMAR @ RAMSUSHIL VISHWKARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Krishna Kumar Pandey - Advocate and Ms. Ashmita Chand -
Advocate for the applicant.
Shri Naveen Thakur - Government Advocate for the respondent/State.
Shri Rajesh Kumar Chaudhary - Advocate for the respondent/objector.
ORDER
This is the second application filed by the applicant under Section 483
of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail
relating to FIR/Crime No.39/2025 registered at Police Station Amarpatan,
District Maihar, for the offence punishable under Sections 103(1), 296,
115(2), 351(3) and 3/5 of the Bharatiya Nyaya Sanhita, 2023. The applicant
is in jail since 31.01.2025.
2. The applicant's earlier bail application was dismissed as withdrawn
vide order dated 20.09.2025 passed in M.Cr.C. No.38510 of 2025.
3. Learned counsel for the applicant has submitted that on putting cow
dung cakes on the part of a disputed land, all of a sudden, a dispute arose
between the parties on 19.01.2025. Thereafter, with regard to the incident
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alleged to have taken place on 19.01.2025 at about 10:00 am, Shanti Bai
lodged a complaint to the police and on that, vide FIR No.38/2025, an
offence got registered at Police Station Amarpatan, District Maihar. It is
stated in the said FIR that in the said quarrel, Shanti Vishwakarma, Koshal
Prasad Vishwakarma and Rajkumar Vishwakarma had suffered injuries.
4. Subsequently, on the complaint made by the opposite party, vide
FIR No.39/2025, an offence has been registered against the applicant party,
in which, it has been stated that Shanti Bai, Koshal Prasad Vishwakarma,
Vinod Vishwakarma and Rajkumar Vishwakarma had abused and assaulted
the complainant Golu @ Ravi, Kusumkali, Anjali and Shankar
Vishwakarma. In the FIR, it has further been stated that in the said assault,
Shankar Vishwakarma suffered injuries and died.
5. Learned counsel for the applicant has submitted that the applicant is
innocent and has falsely been implicated in the case. Investigation is
complete and charge-sheet has already been submitted. The applicant has no
intention to murder the deceased. A cross case has also been registered
against the complainant party. The applicant is not required in investigation.
Trial will take time to be concluded, hence, the applicant be enlarged on bail.
6. Learned counsel for the respondent/objector has opposed the bail
application and has submitted that the accused persons with a common
intention had murdered the deceased Shankar Vishwakarma, hence, no case
of bail is made out. It is further submitted that the persons who have already
been enlarged on bail are threatening the complainant party. According to
him, looking to the nature of crime, the application deserves to be dismissed.
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7. Learned counsel for the respondent/State has also opposed the bail
application.
8. Heard the parties and perused the case diary.
9. From the material available on record, it is clear that the alleged
incident had taken place on 19.01.2025 at about 10.00 am, when the
complainant Golu @ Ravi intervened Shanti from putting cow dung cakes
over a disputed part of land and on that, initially a quarrel started, but
subsequently, it converted into a fight, in which, on the one side three
persons had suffered injuries and complained the matter to the police and on
that, vide FIR No.38/2025, an offence got registered. Later on, vide FIR
No.39/2025, complainant party lodged an FIR against the applicant party
stating therein that in the assault Golu @ Ravi, Kusumkali, Anjali and
Shankar Vishwakarma had suffered injuries. It has further been stated in the
FIR that because of assault made by the accused persons, Shankar
Vishwakarma succumbed to the injuries.
10. Considering the aforesaid factual aspects of the case, coupled with
the facts that the quarrel started between the parties all of a sudden, a counter
case has already been registered against the complainant party, the applicant
is not required in investigation and trial will take time to be concluded, this
Court deems it appropriate to enlarge the applicant on bail. Thus, without
commenting anything on the merits of the case, the application is allowed.
11. It is directed that applicant shall be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety of the like amount to the satisfaction
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of the trial Court concerned for his appearance before the said Court on all
such dates as may be fixed by that Court in this regard during pendency of
trial.
12. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
13. Accordingly, Misc. Criminal Case stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
dm
