Citation : 2026 Latest Caselaw 2398 MP
Judgement Date : 11 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:19225
1 MCRC-8647-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 11th OF MARCH, 2026
MISC. CRIMINAL CASE No. 8647 of 2026
RAMKISHAN BEN @ NATI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vijay Kumar Yadav - Advocate for the applicant.
Shri Himanshu Tiwari - Panel Lawyer for the State.
ORDER
This is first application filed by the applicant under Section 483 of BNSS, 2023 (Section 439 of Cr.P.C., 1973) for grant of regular bail relating to FIR/Crime No.79/2026 registered at Police Station- Belbagh, District- Jabalpur (M.P.) for commission of offence punishable under Section 108 of the BNS, 2023. Applicant is in detention since 05.02.2026.
2. According to the prosecution, Vivek Lodhi (since deceased) committed suicide on 22.12.2024 by consuming poisonous substance due to
harassment of the applicant and hence, he has been arrested for offence punishable under Section 108 of the BNS.
3 . Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime in question. It is further submitted that there is no direct evidence against the present applicant. Offence has been registered after a lapse of about one and a half
NEUTRAL CITATION NO. 2026:MPHC-JBP:19225
2 MCRC-8647-2026
year. The incident occurred in State of Telangana whereas the applicant is residing at Jabalpur and there is no proximity between the applicant and the deceased and there is no evidence by filing any earlier complaint, etc. by the deceased to show that there was continuous harassment. Essentially, offence is registered because of a chit which is considered to be suicide note wherein, as per prosecution, the name of the present applicant is mentioned but there is no other description to implicate the present applicant. There are no incriminating evidence which implicate the present applicant in commission of crime. It is also contended that ingredients of Section 108 of the BNS are not satisfied. On the aforesaid grounds, it is prayed discretion may be exercised and applicant may be released on bail, pending the trial.
4. Learned counsel for the State has opposed the prayer for grant of bail and it is contended that the name of the applicant is mentioned in the chit found from the deceased and there are statements of near relatives of the deceased to the effect that the applicant was harassing and threatening the deceased. Therefore, no case for grant of bail is made out.
5 . Heard learned counsel for the parties and perused the case diary. The FIR is registered against the present applicant after more than one year. The deceased committed suicide in Telangana and initial investigation was carried out by police of Telangana. A chit has been recovered at the instance of the deceased wherein the name identical to the like of the petitioner has been mentioned however, there are no other elaborative descriptions. There is no material on record to show that there was continuous harassment/torture or threat by the present applicant to the deceased. There is also no previous
NEUTRAL CITATION NO. 2026:MPHC-JBP:19225
3 MCRC-8647-2026 complaint or incident alleged by the deceased. Even considering ingredients of Section 108 of the BNS which provides continuous harassment, are absent hence prima facie, case of the applicant requires consideration.
Therefore, considering the aforesaid facts and circumstances of the case; delay in registering the FIR i.e. about one and a half year; no previous allegations/complaints against the present applicant as the charge-sheet has been filed coupled with the fact that the trial will take considerable time, without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bail application under Section 483 of BNSS, 2023 for grant of bail filed on behalf of applicant, stands allowed.
6 . It is directed that applicant 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 in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023. It is further directed that the applicant will not take undue advantage of the liberty and will not indulge in any criminal activity otherwise and also he will not influence the prosecution witnesses. The applicant shall provide his current address and his functional mobile number to the concerned police station.
7 . This order shall be effective till the end of the trial. However, in
NEUTRAL CITATION NO. 2026:MPHC-JBP:19225
4 MCRC-8647-2026 case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(SANDEEP N. BHATT) JUDGE
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