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Madhya Pradesh High Court
Javed @ Jabbi vs The State Of Madhya Pradesh on 31 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:25294
1 MCRC-13865-2026
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. 13865 of 2026
JAVED @ JABBI AND ANOTHER
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Amit Kumar Sharma - Advocate for the applicants.
Ms. Smita Kehri - Panel Lawyer for the respondent/State.
Shri Yogendra Tiwari - Advocate for the respondent/objector.
ORDER
This is the first application filed by the applicants under Section 482 of
Bharatiya Nagrik Suraksha Sanhita, 2023, seeking anticipatory bail in
connection with Crime No.104/2026 registered at Police Station Gadhakota,
District Sagar, for the offence punishable under Sections 331(6), 296-B,
115(2), 351(3), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. Learned counsel for the applicants has submitted that on the report
of the applicant party, a counter case has also been registered as Crime
No.103/2024 (Annexure-A/2), in which, it is alleged that on 15.02.2026 at
about 10.30 pm, Nasir @ Sanu was standing near Nagina Masjid, then a
dispute arose between Chotu @ Jaheer, Javed @ Jabbi, Sohil, Hameed,
Parvej and Mehmood and on that, Nasir asked his brothers to return home.
Subsequently, Mehmood started abusing Nasir, whereas Hameed assaulted
NEUTRAL CITATION NO. 2026:MPHC-JBP:25294
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him. Learned counsel for the applicants has also submitted that after lodging
the FIR by the applicant party, the complainant party had lodged the FIR. In
the dispute, the applicants had also suffered the injuries. None of the
applicants or victims had suffered any grievous injury. Only the offence of
house trace-passing is a non-bailable offence, but rest of the offences are
bailable, hence, the applicants be given the benefit of anticipatory bail.
3. Learned counsel for the respondent/objector has opposed the
anticipatory bail application and submitted that co-accused Danish had
already been externed from entering into the district, but violating that order,
he was present on the spot along with Javed @ Jabbi, Sohil Khan and Nasir.
All the accused persons armed with lathi and danda, entered into the house of
Abid Khan, abused him and also assaulted his family members. The
applicants have criminal record, hence, no case of anticipatory bail is made
out. If the applicants are released on anticipatory bail, then they will repeat
the offence. According to him, the application deserves to be dismissed.
4. Learned counsel for the respondent/State has also opposed the
anticipatory bail application and submitted that applicant No.1 Javed @ Jabbi
has criminal record of four cases whereas applicant No.2 Sohil Khan has also
the criminal record, though the same is not received with her, hence, no case
of anticipatory bail is made out.
5. Heard the parties and perused the case diary.
6. Looking to the factual aspects of the case, coupled with the facts
that both the parties were present on the spot, a cross-case has also been
registered, except the offence of house trace-passing, rest of the offences are
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bailable, 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.
7. It is directed that in the event of arrest, the applicants shall be
enlarged on bail on their furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) each with one solvent surety of the like
amount each 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. The applicants are directed to cooperate with the investigating
agency and if required by the police, also appear on the date and time
directed by the Investigating Officer.
9. It is further directed that the applicants shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
10. Accordingly, the application stands disposed of.
Certified copy as per rules.
(DEVNARAYAN MISHRA)
JUDGE
dm
