[Cites 5, Cited by 0]
Madhya Pradesh High Court
Narayan vs The State Of Madhya Pradesh on 5 January, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:74
1 MCRC-58053-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 5 th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 58053 of 2025
NARAYAN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manoj Saxena, Advocate for the applicants.
Shri Aditya Garg, Advocate for the respondent/State.
ORDER
1. This first application has been filed by applicants under Section 438 of
Cr.P.C./482 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory
bail in connection with Crime No.178 of 2025 registered at Police Station -
Nalkheda, District - Agar Malwa(M.P.) for offence punishable under Sections 108
and 3(5) of the BNS, 2023. The applicants are apprehending their arrest in the
matter.
2 . Learned counsel for the applicants, in addition to the grounds
mentioned in the application, submits that the applicants are falsely implicated in
the alleged offence merely for the the reason that they are parents-in-law of the
deceased. There was matrimonial discord between Bhagwan Singh(deceased) and
his wife Reena Bai. Reena Bai was residing at her parental home alongwith her
children. Bhagwan Singh was attempting to take Reena Bai back to matrimonial
home, therefore, there was a quarrel between Bhagwan Singh and family
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members of Reena Bai. Bhagwan Singh consumed some poisonous substance in
the night of 24.02.2025 out of anger and frustration. There was no
communication between Bhagwan Singh and the applicants immediately before
his death. Mere harassment or frustration due to matrimonial discord with the
wife cannot be treated as abetment for suicide by the applicants. No offence, as
alleged, is made out against the applicants. To buttress his contention, learned
Counsel relied on the judgment of Supreme Court in the case of Sanju @ Sanjay
Singh Sengar Vs. State of M.P. AIR 2002 SC 1998 . The final report has been
submitted on completion of investigation against co-accused Sanjay @ Kanha @
Kanhaiyalal, who has been extended benefit of bail vide order dated 14.11.2025,
passed in M.Cr.C. No.50356/2025. Learned counsel further submits that
applicants enjoy good character and social standing. The custodial interrogation
of the applicants is not needed in the matter. Jail incarceration on false accusation
would cause hardship to the applicants and family. They are ready to cooperate in
investigation and trial. Therefore, applicants may be extended the benefit of
anticipatory bail.
3. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. Learned counsel further refers to 01 criminal
antecedent against applicant No.1 - Narayan registered vide Crime No.87/2023,
as mentioned in the case diary. However, after going through the case diary, he
fairly states that no criminal antecedent is reported against applicant No.2 -
Sardarbai.
4. In reply, learned counsel for the applicant submits that the other matter
registered vide Crime No.87/2023 against applicant No.1 - Narayan is pending
for trial. He has never been convicted.
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5. According to the material available on case diary, Bhagwan Singh
consumed some poisonous substance in the night of 24.02.2025. He was admitted
for treatment to Nalkheda Hospital. He was further referred to District Hospital,
Agar. He was discharged after treatment on 26.02.2025, but he again admitted to
District Hospital, Agar for treatment. Bhagwan Singh succumbed to death on
28.02.2024. The P.S. Nalkheda, District Agar Malwa(M.P.) registered unnatural
death intimation. During inquest, it was revealed that there was matrimonial
discord between Bhagwan Singh and his wife Reena Bai. Reena Bai was living at
her parental home alongwith her children. Bhagwan Singh went to parental home
of Reena Bai on 21.01.2025, but the applicants and brothers of Reena Bai had a
quarrel with Bhagwan Singh and refused to send Reena Bai with him. Bhagwan
Singh lodged a report on 23.01.2025 at P.S. Nalkheda. Thereafter, bothers of
Reena Bai namely, Devisingh and Sanjay @ Kanhaiya went to the house of
Bhagwansingh on 19.02.2025 and left his daughter Poonam at the house of
Bhagwansingh. There was quarrel between them. Bhagwan Singh reported the
incident at P.S. Nalkheda on 21.02.2025. In the night of 24.02.2025, Bhagwan
Singh consumed poisonous substance which ultimately caused his death. The
family members of Bhagwan Singh alleged that the parents and brothers of Reena
Bai did not permit Reena Bai to return to her matrimonial home. Bhagwan Singh
was frustrated, therefore, he had consumed poisonous substance. On such
allegation, the P.S. Nalkheda registered FIR for offence punishable under Section
108 of BNS, 2023 against Narayan Singh(applicant No.1), Sardar Bai(applicant
No.2) and Sanjay @ Kanha @ Kanhaiya. Accordingly, applicant Sanjay was
arrested on 12.08.2025. The final report has been submitted on completion of
investigation against Sanjay, pending the investigation against applicants. The
applicants are apprehending arrest in the matter. Prima facie, the material on
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record does not show any communication between applicants and deceased in
close proximity of his death. The contentions of applicants have prima facie
substance. The veracity of prosecution and intention of the applicants for
abetment to commit suicide will be determined after evidence in the trial.
6. As informed, applicants No.1 - Narayan and No.2 - Sardarbai are aged
around 55 years and 53 years respectively. The applicant No.1 is an agriculturist
and applicant No.2 are housewife by profession. Considering the age, profession
and status of the applicants, there appears to be no likelihood of fleeing from
justice or involving in any criminal activity. In absence of any substantial
criminal past and previous conviction for any major offence against applicant
No.1 - Narayan and in absence of any criminal antecedent against applicant No.2 -
Sardarbai, considering the socio-economic status of the applicants, there appears
to be no likelihood of tampering with the evidence, influencing the witness or
interfering in the investigation by the applicants. The incarceration of applicants
does not appear to be necessary for the purpose of investigation. The grant of
anticipatory bail to the applicants will not cause prejudice to free, fair and full
investigation. Considering their clean past, age, status and profession, the
applicants may suffer hardship and prejudice due to incarceration entailing social
disrepute and humiliation. Considering the overall circumstances of the case, but
without commenting on merits of the accusation, this Court is inclined to grant
anticipatory bail to the applicants. Thus, the application is allowed.
7. Accordingly, it is directed that in the event of arrest, applicants No.1 -
Narayan and No.2 - Sardarbai shall be released on bail in connection with Crime
as mentioned in the first paragraph of this order, upon furnishing a personal bond
in the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) each with separate
NEUTRAL CITATION NO. 2026:MPHC-IND:74
5 MCRC-58053-2025
solvent surety each of the like amount to the satisfaction of the officer making
arrest/the Competent Court for compliance with the following conditions: (For the
convenience of understanding by accused and surety, the conditions of bail are
reproduced in Hindi as under):-
1) Applicants shall make themselves available for investigation as may be directed by the Investigation
Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgs गे A
(2) Applicants shall not commit or get involved in any offence of similar nature;
(2) आवेदकगण समान कृ ित का केाई अपराध नह ं करगे या उसम स मिलत नह ं ह गे ।
(3) Applicants 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) आवेदकगण 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 ह ।
(4) Applicants shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or
threaten the witness;
(4) आवेदकगण 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 ं करगे ।
(5) During trial, the applicants 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 आवेदकगण धारा ३०९ दं. .सं./ ३४६ भारतीय नाग रक सुर ा सं हता,
2023 के ावधान का उिचत अनुपालन सुिन त करगे।
8. 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.
9. The Investigation Officer /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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