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Madhya Pradesh High Court
Rahul vs The State Of Madhya Pradesh on 31 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:25312
1 MCRC-14363-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 31st OF MARCH, 2026
MISC. CRIMINAL CASE No. 14363 of 2026
RAHUL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vishal Daniel - Advocate for the applicants.
Shri Ravindra Shukla - Dy. Government Advocate for the State.
ORDER
This is the second 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.239 of 2025
registered at Police Station - Jaisinghnagar, District - Sagar (M.P.) for the
offence punishable under Sections 296-B, 115(2), 118(1), 351(3), 333,
324(4), 296, 324(2), 118(2) and 3(5) of BNS, 2023. Applicants' first bail
application i.e. M.Cr.C. No.8324/2026 was dismissed as withdrawn vide
order dated 23.02.2026.
2. Learned counsel for the applicants has submitted that co-accused
persons namely Man Singh and Prem Narayan have already been granted the
anticipatory bail by this Court and the case of the present applicants is not
different from the case of co-accused persons. Learned counsel for the
applicants has further submitted that the FIR was lodged by Man Singh
against the opposite party (victim party) in which it has been clearly
NEUTRAL CITATION NO. 2026:MPHC-JBP:25312
2 MCRC-14363-2026
mentioned that the applicants reached on the spot and they pacified the
dispute and there is no allegation that they caused any injury or they were
present on spot with any arm or intention to commit an offence. Both the
parties lodged the FIR against each other on 30.10.2025 and 31.10.2025. FIR
of the complainant Man Singh was registered as Crime No.240/2025,
whereas the FIR against the present applicants was registered as Crime
No.239/2025 on 30.10.2025 stating the incident is of 18.10.2025 and in this
FIR also, nowhere it has been mentioned that the applicants assaulted any
particular person with any particular weapon and it is alleged that the
applicants reached on the spot afterward.
3. Thus, from the cross FIR, it is clear that these applicants reached on
the spot after the dispute started and as per FIR No.239/2025, it is only
alleged that after sometime Prem Narayan, Rahul Kushwaha, Rambharose
and Raja Patel reached on the spot and it is alleged that Raja Patel was
having an axe who assaulted to Pradeep, whereas, against these applicants,
nowhere mentioned that they assaulted to the victim. Hence, learned counsel
for the applicants has submitted that the applicants be released on
anticipatory bail.
4. Learned counsel for the State has opposed the anticipatory bail
application and has submitted that applicants are named in the FIR and
applicant No.2 Rambharose has a criminal record, therefore, no case of
anticipatory is made out, hence, the applicants are not entitled to be released
on anticipatory bail.
5. Heard the learned counsel for the parties and perused the case diary.
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6. Looking to the factual aspects that the cross cases are registered
against each other and the FIR was registered after 12 days and the case of
the present applicants is not different from the case of co-accused persons
namely Man Singh and Prem Narayan, thus, this Court deems it appropriate
to allow the application. Thus, without commenting anything on the merits
of the case, the application is allowed.
7. It is directed that in the event of arrest applicants shall be enlarged
on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety of the like amount to the satisfaction
of the Arresting Officer/trial Court for their appearance before the concerned
during the course of investigation or during trial Court, as the case may be.
8. It is further directed that the applicants shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
9. Accordingly, the application stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
DPS
