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Madhya Pradesh High Court
Devendra Ahirwar vs The State Of Madhya Pradesh on 29 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:8094
1 MCRC-60360-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 29th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 60360 of 2025
DEVENDRA AHIRWAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sharad Verma - Advocate for the applicant.
Shri Amit Pandey - Panel Lawyer for the State.
Shri Raj Thakur - Advocate for the objector.
ORDER
This is the first application filed by the applicants under Section 482 of
Bharatiya Nagarik Suraksha Sanhita , 2023/Section 438 of Cr.P.C., 1973
seeking anticipatory bail in connection with Crime No.120 of 2025
registered at Police Station - Baheriya, District - Sagar for the offence
punishable under Sections 296, 115(2), 119(1) and 351(3) of BNS.
2. Learned counsel for the applicant has submitted that the applicant
has been falsely implicated in the case. Actually, on the date of incident i.e.
13.04.2025, Subhas Chnadra Ahirwar who is the brother of the applicant,
was decorating the lights in Karapur and on the call by the family members,
he was going to his house on motorcycle and when he reached in front of the
house of Sallu Maharaj at about 10:30, then Prashant Ahirwar and Abhishek
Ahirwar having hockey stick and Pushpendra and Shailendra having danda,
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met him and started uttering filthy abuses and assaulted Subhas Ahirwar and
on that Subhas Ahirwar suffered the injuries. On that his sister-in-law
Suhani, wife Arti and this applicant Devendra Ahirwar reached there and
saved Subhash from the assailants. Subhash was sent for medical
examination in Macroniya Hospital, Sagar from where he was referred to
District Hospital, Sagar then he was admitted in the District Hospital and
when on 16.04.2025 he was shifted from isolation ward to general ward, the
FIR was written by ASI, Devendra Dubey on zero and on that basis, the
Police registered the Crime No.119/2025.
3. Learned counsel for the applicant has further submitted that on the
same incident, alleging that the applicant party was assailant and demanded
money for consuming the alcohol, Crime No.120/2025 was registered and
made the applicant accused, whereas no such incident took place. The
incident had taken place on 13.04.2025 but no reason has been assigned why
the report has been lodged on 16.04.2025 and the case was registered on
17.04.2025. On that basis, learned counsel for the applicant has submitted
that the applicant has been falsely implicated in the case, hence, the applicant
be granted the benefit of anticipatory bail.
4. Learned counsel for the Objector has submitted that the applicant
has criminal record of 17 cases. The applicant is a habitual offender. No
incident took place with this applicant and in the counter blast of this
incident, a false FIR was registered as a Crime No.119/2025. Anticipatory
bail application of the applicant was rejected by the trial Court twice. Before
the trial Court, the applicant has suppressed the fact that his first bail
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application was dismissed, thus, this applicant is not a trustworthy, hence, no
case of anticipatory bail is made out, therefore, the anticipatory bail
application be dismissed.
5. Learned counsel for the State has also opposed the anticipatory bail
application and has submitted that the applicant has criminal records and
both the parties have lodged the FIR to each other and in this case, the name
of the applicant is specifically mentioned in the FIR, therefore, there is no
chance that the applicant has falsely been implicated in the case, therefore,
no case of anticipatory bail is made out.
6. Heard the parties and perused the case diary.
7. Looking to factual aspects of the case that the first FIR was made by
Subhash, brother of this applicant and was registered as Crime No.119/2025
and after this FIR, registered on 16.04.2025, this FIR has been registered
against the applicant and no reason has been assigned why the report has
been lodged after delay of three days. Furthermore, in the MLC report, there
is no grievous injury and in the medical report of Pushpendra annexed with
the case diary, prepared on 14.04.2025 at about 1:30 AM, it is stated that he
was alcoholic at that time when he was presented for the medical
examination. Looking to all these circumstances, though the applicant has a
criminal record, but only on that basis, he is not disentitled for the
anticipatory bail, hence, this Court deems it appropriate to enlarge the
applicants on anticipatory bail. Thus, without commenting anything on the
merits of the case, the application is allowed.
8. It is directed that in the event of arrest, the applicant shall be
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enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) each with one surety in the like amount each
to the satisfaction of the Arresting Officer/Trial Court for his appearance
before the concerned during the course of investigation or during trial, as the
case may be.
9. It is further directed that the applicant shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
10. Accordingly, M.Cr.C. stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
DPS
