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Madhya Pradesh High Court
Veer Singh vs The State Of Madhya Pradesh on 13 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 13th OF MARCH, 2026
MISC. CRIMINAL CASE No. 12037 of 2026
VEER SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Shobhendra Kumar Tiwari - Advocate for the applicant.
Shri Atul Kumar Sharma - Public Prosecutor for the State.
Shri Divakar Vyas & Shri Abhishek Jat - Advocates for complainant.
ORDER
This is the third bail application under Section 483 of BNSS filed by
the applicant for grant of bail. The applicant has been arrested on 03.06.2023
by Police Station Dehat, District Ashoknagar, in connection with Crime
No.338 of 2023, registered for offences punishable under Sections 147, 148,
149, 294, 323, 324, 307 and 302 of IPC.
As per prosecution story, the complainant, Ashok Sahu, lodged a
Dehati Nalisi at District Hospital, Ashoknagar, alleging that on 31.05.2023,
at around 7:45 to 8:00 PM, he was in Ashoknagar when he received a phone
call from his younger brother Chhotu alias Shivkumar, who informed him
that due to an old enmity arising out of the Panchayat elections, certain
persons had gathered in front of their shop in the village and were creating a
commotion. He was told that Jaswant Kushwaha, Chhattar Singh Kushwaha,
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Ramjilal Kushwaha, and others, along with their family members, had
assembled there armed with axes, iron rods, and sticks, and were hurling
abuses, preparing to fight. Upon receiving this information, the complainant
immediately went to the village in his car and reached near his uncle Shri
Kishan's shop, where he saw that Bhupat Singh Kushwaha was carrying an
iron rod (luhangi), Chhattar Singh was holding an axe, Ramjilal,
Premnarayan, Dinesh, Jaswant, Pradeep, Ranjeet, Veer Singh Khangar
(present applicant) and others, namely, Annu, Ajay, Raju, Rajendra,
Sudarshan, Anand, Gandharv, and Daulat Singh were armed with axes, rods,
and sticks. All of them, acting with a common intention, started abusing in
filthy language and initiated a fight. When his uncle Kishan objected to the
abuses, Chhattar Singh, with intention to kill, assaulted Kishan on the head
with an axe, causing a bleeding injury. Thereafter, Jaswant Kushwaha and
Ramjilal Kushwaha struck his father Madhau Singh on the face with iron
rods (luhangi), resulting in serious bleeding injuries. Both his uncle and
father fell unconscious on the ground. The complainant further alleged that
Annu Kushwaha and Ajay Kushwaha assaulted him with sticks, causing
injuries on his back, right shoulder, and right leg. Meanwhile, all the accused
persons, namely, Bhupat Singh, Chhattar Singh, Ramjilal, Premnarayan,
Dinesh, Jaswant, Pradeep, Ranjeet, Annu, Ajay, Raju, Rajendra, Sudarshan,
Anand, Gandharv, Daulat Singh, and Veer Singh Khangar (present
applicant) collectively attacked his uncle Kishan, his father Madhau Sahu,
and other family members namely Balkishan, Manoj, Pawan, Naveen, Vikas,
and Vishal with axes, rods, and sticks, inflicting multiple bleeding and blunt
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injuries over their bodies. The witnesses Brijesh Chandail and Bharosa
Harijan, along with other villagers, were present at the scene and witnessed
the incident. Thereafter, the complainant took his injured father, uncle, and
other wounded family members to the Government Hospital, Ashoknagar,
where the doctor declared his father Madhau Singh and uncle Kishan dead.
On the basis of such allegation, alleged crime was registered against the
applicant and other co-accused.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case due to previous enmity between the
parties arising out of the Panchayat elections in the village. It is contended
that the prosecution case itself reveals that a large number of persons have
been implicated in the alleged incident and the allegations against the present
applicant are general and omnibus in nature without attributing any specific
and overt act to him in relation to the fatal injuries suffered by the deceased
persons. Learned counsel further submits that as per the prosecution story as
well as the statements of the eyewitnesses recorded during trial, the specific
allegations of causing fatal injuries to the deceased persons have been
attributed to other co-accused persons.Learned counsel also submits that the
statement of the prosecution witnesses would show that the main assault
resulting in the death of the deceased persons has been specifically attributed
to other accused persons who are alleged to have used deadly weapons such
as axe and iron rods, whereas no such allegation has been made against the
present applicant. Thus, the presence of the applicant, if any, has been
alleged only as part of a large group and there is no specific allegation that
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the applicant inflicted any fatal injury. It is further submitted that the
applicant is not alleged to have been armed with any deadly weapon nor has
he been attributed with any specific role in causing the fatal injuries to the
deceased. The allegations against him are general in nature and appear to
have been made merely because he belongs to the rival faction in the village.
Learned counsel submits that such omnibus allegations against a large
number of persons are not uncommon in cases arising out of village rivalry
and group clashes. Learned counsel also submits that the applicant has been
in judicial custody since 02.06.2023 and has thus undergone a substantial
period of incarceration. It is contended that the trial is likely to take
considerable time to conclude inasmuch as a large number of accused
persons and witnesses are involved in the case. Therefore, continued
detention of the applicant would amount to pre-trial punishment. It is further
submitted that the investigation has already been completed and the charge-
sheet has been filed before the competent Court, and therefore the custodial
interrogation of the applicant is no longer required. Learned counsel further
submits that the role attributed to the present applicant is identical to that of
the co-accused persons, namely, Ajay, Daulat Singh Kushwah, Daulat Singh
Kushwah, Dinesh and Sudarshan Kushwah, who have already been granted
bail by this Court vide orders dated 31.10.2025, 18.11.2025, 11.02.2026 &
10.03.2026. On the ground of parity, the present applicant is also entitled to
the benefit of bail.
On the other hand, learned Public Prosecutor for the State, as well as
learned counsel for the complainant, strongly opposed the bail applications
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and submitted that the applicants have been rightly implicated in the present
case and there is sufficient material available on record to establish their
active participation in the alleged offence. It is submitted that the incident in
question resulted in the death of two persons, namely Madhau Prasad Sahu
and Shri Kishan Sahu, and several other persons from the complainant side
also sustained injuries. The prosecution story, as well as the statements of the
eyewitnesses recorded during the course of trial, clearly indicate that the
applicants were part of an unlawful assembly which had gathered at the place
of occurrence armed with deadly weapons such as axes, iron rods (luhangi),
and sticks.
It is further submitted that the eyewitnesses, including Ashok Sahu
(PW/1), Vikas Sahu (PW/2), Manoj Sahu (PW/3), and Pavan Sahu (PW/4),
have specifically named the present applicants in their statements and have
clearly described their participation in the assault. From the statements of the
said witnesses, it is evident that the applicants were actively involved in the
incident and had inflicted injuries upon the victims. The role attributed to the
applicants is not merely of presence but of active participation in the assault,
which ultimately resulted in the death of two persons and injuries to several
others. Learned counsel submits that the offence has been committed in
furtherance of the common object of the unlawful assembly and, therefore,
the provisions of Sections 147, 148 and 149 of the IPC have been rightly
invoked against the applicants along with other co-accused persons.
It is also contended that the incident occurred on account of previous
enmity arising out of the Panchayat elections, which indicates that there was
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a strong motive behind the commission of the offence. The manner in which
the accused persons, including the present applicants, assembled at the place
of occurrence with deadly weapons and assaulted the victims demonstrates
the gravity and seriousness of the offence. Considering the nature of
allegations, the specific role attributed to the applicants in the statements of
the eyewitnesses, and the fact that two persons lost their lives in the incident,
it would not be appropriate to grant bail to the applicants at this stage.
Heard counsel for the parties and perused the case diary.
Considering the overall facts and circumstances of the case, nature of
allegations and particularly the ground of parity with above co-accused,
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 or 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.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
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