[Cites 4, Cited by 0]
Madhya Pradesh High Court
Narendra vs The State Of Madhya Pradesh on 11 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4388
1 MCRC-5374-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 11th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5374 of 2026
NARENDRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aditya Verma, Advocate for the applicant.
Shri Surendra Gupta, Govt. Advocate for the respondent/State.
Shri Aditya Choudhary, Advocate for the respondent [OBJ].
ORDER
1. This second 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.147/2025 registered at Police Station-Barod,
District-Agar Malwa(M.P.) for offence punishable under Section 108 of the
BNS, 2023. Applicant is in judicial custody since 22.08.2025. His first bail
application has been dismissed as withdrawn vide order dated 30.10.2025,
passed in M.Cr.C. No.47717/2025 with liberty to renew the prayer after
evidence of Yuvraj, son of applicant and deceased.
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
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mentioned in the application submits that the applicant is falsely implicated
in the alleged offence. No offence, as alleged, is committed by the
applicant. Learned counsel further submits that Yuvraj, son of deceased and
applicant could not be examined before the trial Court due to vacancy of
Sessions Judge in the concerned Court. Learned counsel referring to the
status report submits that the Court at Agar-Malwa is vacant since
15.12.2025 despite request communications by the concerned PDJ. There is
no likelihood of filling of the vacancy in the concerned Court in near future.
The applicant has already undergone custody of almost six months. Learned
counsel further submits that Dewas Bai(deceased) W/o applicant - Narendra
Singh had committed suicide feeling distressed by habit of intoxication of
applicant Narendra Singh and asking of money to consume liquor. Learned
counsel referring to the statement of Dilip Singh, Shyam Singh and Narendra
Singh, close relatives of deceased Dewas Bai contends that Dewas Bai was
suffering from mental ailment. Therefore, the applicant cannot be held liable
for consumption of insecticides by Dewas Bai. Learned counsel referring to
judgment of the Supreme Court in the case of Sanju @ Sanjay Singh Sengar
Vs. State of M.P. reported in AIR 2002 SC 199; Amalendu Pal @ Jhantu Vs.
State of West Bengal, reported in (2010) 1 SCC 707, Arnab Manoranjan
Goswami Vs. State of Maharashtra and Others reported in 2020(SCC
Online) SC 964 and Abhinav Mohan Delkar Vs. State of Maharashtra
reported in 2025 INSC 990 , contends that mere harassment without any
positive proximate action on part of the accused showing mens-rea to abet
the suicide does not amount to abetment for suicide. The final report has
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been submitted on completion of investigation. Applicant has clean past,
with family roots, property and employment. 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 and the trial.
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 around 26 years. He is an agriculturist by
profession.
6. Learned counsel appearing on behalf of the respondent/objector
Dilip Singh and Narendra, near relatives of the deceased Dewas Bai pleads
"no objection" to grant of bail.
7. As per the accusation on case diary, Dewas Bai was married to
applicant Narendra Singh 10 years ago. They were blessed with a son.
Dewas Bai consumed insecticide celphos on 17.07.2025 at her matrimonial
home. The relatives alleged that Dewas Bai was distressed due to quarrel
with her husband Narendra Singh(applicant) and his habit of intoxication.
Applicant used to manhandle her demanding money to consume liquor. She
committed suicide due to mental and physical harassment of the applicant.
On such allegations, the P.S. Barod registered FIR for offence punishable
under Section 108 of BNS, 2023. The applicant was arrested on 22.08.2025.
He is in custody ever since. The trial would take time to conclude as there is
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vacancy of the Sessions Judge in the concerned Court. The relevant seizures
have been made. The final report has been submitted. 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 considered after evidence in trial.
8. As informed, the applicant has family responsibilities of
dependent family. 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.
9. 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.
10. Accordingly, it is directed that applicant-Narendra Singh 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 of bail
are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by
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the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत
रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(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) आवेदक करण के त य से प रिचत कसी य को य या अ य प से
लोभन, धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या
पुिलस अिधकार को कट करने से िनवा रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or
allure, pressurize or threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या
सा य को बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(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) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं .
.सं./ ३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन
सुिन त करे गा ।
11. 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.
12. 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
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