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Madhya Pradesh High Court
Pappu Yadav vs The State Of Madhya Pradesh on 9 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:11139
1 MCRC-58084-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 9 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 58084 of 2025
PAPPU YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Kumar Kurmi - Advocate for the applicant.
Ms. Gauri Pathak - Panel Lawyer for the respondent/State.
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.06/2024 registered at Police Station Banda, District
Sagar, for the offence punishable under Sections 307 and 302 of the Indian
Penal Code. The applicant is in jail since 06.02.2025.
2. The applicant's earlier bail application was dismissed as withdrawn
vide order dated 12.08.2025 passed in M.Cr.C. No.24164 of 2025.
3. Learned counsel for the applicant has submitted that there was a
dispute between two brothers i.e. applicant and deceased, hence, pouring
kerosine/petrol, the injured/deceased set himself on fire and lodged a false
FIR against the applicant. This fact is supported in the statements of the
independent witnesses namely Arvind Singh Parihar, Babulal s/o Umrao
Ahirwar and Ramkali w/o Bholaram Yadav. These witnesses, in their
NEUTRAL CITATION NO. 2026:MPHC-JBP:11139
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statements recorded under Section 183 of the BNSS, have clearly stated that
on 03.01.2023 (wrongly mentioned), they were working in the house of the
applicant and the dispute arose between the parties when the applicant was
putting a gate on the wall. Thereafter, this applicant asked them not to work
and then they started working on some other site. Subsequently, the deceased
came on the spot along with a bottle of petrol, poured it and set himself on
fire. The witnesses, in their statements, have stated that the applicant so also
his wife tried to save the deceased by pouring water on him.
4. Learned counsel for the applicant has further submitted that Gopal
Yadav (PW/1), Deepesh Yadav (PW/2) and Meerabai (PW/3) were not the
eye witnesses. Meerabai came on the spot when the deceased had already
caught fire, and in her statement, she has clearly stated that the applicant and
his wife poured water and doused the fire. It is contended that when there is
no other independent witness and the witnesses already examined by the
prosecution have supported the case of the applicant, then he is entitled to be
enlarged on bail, as there is no evidence to support the dying declaration of
the deceased.
5. Learned counsel for the respondent/State has opposed the bail
application and has submitted that the deceased, in his dying declaration, has
clearly stated that the applicant poured petrol and set him on fire. The
deceased cannot be disbelieved merely on the basis of statements of other
persons who, according to the charge-sheet, have not been made witnesses.
There is no chance of false implication of this applicant. According to her,
looking to the nature of crime, no case of bail is made out.
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6. Heard the parties and perused the case diary.
7. Taking into consideration the statement of Meerabai, which is
supported by the statements of Babulal, Arvind Singh Parihar, and Ramkali,
who have been examined as prosecution witnesses before the Court of
Judicial Magistrate First Class, this Court is inclined to enlarge the applicant
on bail. Thus, without commenting anything on the merits of the case, the
application is allowed.
8. 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
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.
9. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
10. Accordingly, Misc. Criminal Case stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
dm
