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Madhya Pradesh High Court
Piyush vs The State Of Madhya Pradesh on 11 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:5367
1 MCRC-5845-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 11th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5845 of 2026
PIYUSH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rudra Pratap Singh Kaurav - Advocate alongwith Shri Suryakant
Jat - Advocate for the applicant.
Shri Mohit Shivhare - Public Prosecutor for the State.
Shri Aijaj Gouri - Advocate for the complainant.
ORDER
This is the thrid bail application 483 of BNSS filed by the applicant for
grant of bail. He has been arrested on 12.04.2025 by Police Station Cantt.,
District Guna in connection with Crime No.350 of 2025 registered in relation
to the offence punishable under Sections 109, 115(2), 296, 351(2), 3(5),
103(1) of Bharatiya Nyaya Sanhita (BNS).
As per prosecution story, on 09.04.2025, the complainant Raj, who
runs a chaat cart, returned to his house from Upari Bazaar along with his
father Govind, bringing the chaat cart with them. While they were unloading
the materials from the cart and keeping them inside the house, their relative
Manoj Namdev, in an intoxicated condition, came down from his house and
said to remove their motorcycle from in front of his house. In the meantime,
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Manoj Namdev's sons Piyush, Vishwas, and Vasu, along with Kiran
Namdev, arrived at the spot and started hurling abuses. They assaulted
Govind and Raj's elder brother Rishabh. When Raj's mother Jyoti Namdev
intervened to rescue them, Piyush (present applicant) picked up a
clinker/stone lying there and, with intention to kill, struck it forcefully on the
head of Govind Namdev, causing a head injury from which blood started
oozing out. Kiran Namdev assaulted Raj's mother. The accused persons also
issued threats to kill them. On receiving information, the police reached the
spot at Darji Mohalla, Cantt., Guna, where the complainant Raj lodged a
report of the said incident, which was recorded as a Dehati Nalishi. On the
basis of the same, alleged FIR was registered on 10.04.2025 at Police
Station Cantt, District Guna under Sections 109, 115(2), 296, 351(2), and
3(5) of the Bharatiya Nyaya Sanhita (BNS). Subsequently, during the course
of treatment, the injured Govind succumbed to his injuries, and therefore
Section 103(1) BNS was added.
Learned counsel for the applicant submits that the applicant has been
falsely implicated and is innocent. It is contended that the incident arose out
of a sudden quarrel between close relatives over a trivial issue regarding
parking of a motorcycle and there was no premeditation or prior meeting of
minds. The altercation is stated to have occurred on the spur of the moment
in the heat of passion. It is argued that even as per the prosecution case, the
applicant picked up a stone lying at the spot, which indicates absence of any
prior preparation or intention to commit murder. No specific motive has been
attributed to the applicant. It is further submitted that the essential ingredients
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of murder are not made out and at best the case may fall within the ambit of
culpable homicide not amounting to murder, which is a matter to be
determined during trial. It is also submitted that the applicant has been in
custody since 21.09.2025. His second bail application was dismissed as
withdrawn by this Court vide order dated 20.11.2025 passed in M.Cr.C. No.
52534 of 2025. The change in circumstance since then is the prolonged
custody and recording of statements of PW/6 Punit Namdev, PW/7 Nitesh
Raghuvanshi and PW/8 Dr. D.S. Kushwah before the trial Court. It is further
submitted that there are contradictions regarding the cause of death. As per
the post-mortem report, the cause of death is stated to be coma due to head
injury, but from the documents of Gandhi Medical College and Hamidia
Hospital, the cause of death is complete heart block with cardiogenic shock
and respiratory failure . It is further submitted that the deceased was initially
admitted to District Hospital, Guna on 09.04.2025 at 11:00 PM, but was not
found there at 12:10 AM on teh next morning i.e. 10.04.2025. As per the
medical certificate issued by Gandhi Medical College and Hamidia Hospital,
Bhopal dated 10.04.2025, the cause of death is recorded as complete heart
block with cardiogenic shock and respiratory failure, with a past medical
history of coronary artery disease and prior angioplasty. The attending doctor
opined that despite resuscitative efforts, the patient could not be revived and
was declared dead at 4:30 AM on 10.04.2025. It is thus argued that the exact
cause of death and the nexus between the alleged injury and the death are
matters to be adjudicated upon after full-fledged evidence during trial. It is
further contended that co-accused persons, namely Kiran, Vishwas alias
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Vasu and Manoj, who were attributed active participation in the incident and
were alleged to have assaulted other injured persons and extended threats,
have already been granted bail by this Court vide order dated 24.07.2025 and
22.08.2025. The FIR, it is submitted, was lodged in a highly agitated state
and contains exaggerated and omnibus allegations. The prosecution
witnesses are interested and related witnesses and there are material
contradictions and improvements in their statements which will be tested
during trial. The investigation has been completed and the charge-sheet has
been filed. The trial is likely to take considerable time to conclude. The
applicant is a permanent resident of District Guna and there is no likelihood
of his absconding or tampering with prosecution evidence. He is ready and
willing to abide by any terms and conditions that may be imposed by this
Court. On these grounds, prayer for grant of bail is made. With the aforesaid
submissions, prayer for grant of bail is made out.
Per contra, learned Public Prosecutor for the State as well as the
counsel for the complainant vehemently opposed the application and prayed
for its rejection by submitting that the present applicant is the main accused
and has been specifically attributed the role of inflicting the fatal head injury
on the deceased by striking him with a stone and the injury was caused on a
vital part of the body and, as per the post-mortem report, the death occurred
due to coma resulting from head injury. A clear prima facie case under
Section 103(1) BNS is made out against the applicant. It is further contended
that the offence is grave and serious in nature, involving loss of life. The
statements of eyewitnesses and injured witnesses consistently support the
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prosecution case. The plea regarding contradictions in medical evidence is a
matter of trial and cannot be considered at this stage. The role of the present
applicant is distinct from that of the co-accused who have been granted bail;
therefore, the benefit of parity is not available. It is also argued that since the
applicant resides in the same locality as the complainant and material
witnesses, there is a likelihood of influencing or intimidating witnesses if he
is released on bail.
Having regard to the totality of facts and circumstances of the case, the
nature of allegations, the manner in which the incident is alleged to have
occurred, the medical aspects which require adjudication during trial, the
period of custody undergone by the applicant, coupled with the fact that the
trial is not likely to conclude in near future and prolonged pre-trial detention
being an anathema to the concept of liberty, this Court is inclined to extend
the benefit of bail to the applicant. Accordingly, without expressing any
opinion on merits of the case, this application is allowed and it is directed
that the applicant be released on bail on 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/committal Court for his
appearance on the dates given by the concerned Court, subject to compliance
of the following conditions by the applicant:-
1. The applicant will comply with all the terms and
conditions of the bond executed by him;
2. The applicant will cooperate in the
investigation/trial, as the case may be;
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3. The applicant will not indulge himself in extending
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing
such facts to the Court tor to the Police Officer, as the case
may be;
4. The applicant shall not commit any other offence
during pendency of the trial, failing which this bail order
shall stand cancelled automatically, without further reference
to the Bench;
5. The applicant will not seek unnecessary
adjournments during the trial; and
6. The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
A copy of this order be sent to the concerned trial Court for necessary
compliance.
Certified copy as per Rules.
(MILIND RAMESH PHADKE)
JUDGE
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