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CDJ 2026 MPHC 125 print Preview print Next print
Court : High Court of Madhya Pradesh (Bench at Gwailor)
Case No : MISC. Criminal Case Nos. 19974, 20023 of 2026
Judges: THE HONOURABLE MR. JUSTICE RAJESH KUMAR GUPTA
Parties : Pushpendra Rawat Versus The State Of Madhya Pradesh
Appearing Advocates : For the Applicant: Dr. Jitendra Singh Kushwah, Advocate. For the Respondent: Dinesh Savita, Public Prosecutor.
Date of Judgment : 30-04-2026
Head Note :-
BNS - Sections 109(1), 296,115(2), 190, 191 (2), 191(3) -

Comparative Citation:
2026 MPHC-GWL 14016,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 483 of BNSS
- Sections 109(1), 296, 115(2), 190, 191(2), 191(3) of BNS

2. Catch Words:
- Bail

3. Summary:
The Court heard two bail applications filed by Pushpendra Rawat and Balveer Rawat arising from the same FIR (Crime No. 242/2025). Earlier bail applications by the same parties had either been dismissed or withdrawn. The prosecution’s case involved alleged assault and shooting of the complainant’s family members. The defence argued innocence, lack of custodial interrogation, and willingness to cooperate with investigation. After considering submissions, the Court, without commenting on the merits, granted bail to both applicants on personal bond of Rs. 50,000 with surety, subject to strict conditions including cooperation with trial, no further offences, and no travel abroad without permission. The order was directed to be communicated to the trial court for compliance.

4. Conclusion:
Petition Allowed
Judgment :-

1. Since both these applications are arising out of same crime number registered at same police station, therefore, they have been heard together and are being disposed of by this common order.

2. This second application is filed by the applicant -Pushpendra Rawat and third bail application is filed by applicant Balveer Rawat under Section 483 of BNSS for grant of bail relating to Crime No.242/2025 registered at Police Station Badouni, District Datia(M.P.) for the offence under Sections 109(1), 296,115(2), 190, 191 (2), 191(3) of BNS. First bail application of applicant-Pushpendra Rawat was dismissed on merit vide order dated 12.03.2026 by the co-ordinate Bench of this Court in M.Cr.C.No.6856/2026. First bail application of applicant - Balveer Rawat was dismissed as withdrawn by the co-ordinate Bench of this Court with liberty to revive afresh after recording of statement of injured eye-witness Dharmendra vide order dated 03.12.2025 passed in M.Cr.C. No.55608/2025. Second bail application was dismissed on merit vide order dated 13.02.2026 passed in M.Cr.C.No.5899/2026.

3. According to the prosecution, the complainant lodged a written report stating that on 12.09.2025, he, along with his family members--

          Dharmendra Pal, Girwar Pal, Sanju Pal, and Akash Pal--was ploughing his agricultural field situated at village Naikora. At about 3:00 p.m., Mahesh Rawat, Pushpendra Rawat, Sandeep Rawat, Balveer Rawat, and three to four other persons from Naikora arrived there in furtherance of their common intention and objected, asserting that the land belonged to them and questioning how the complainant and his family were cultivating it. When the complainant responded that the land was theirs and not the accused persons', Mahesh Rawat and Pushpendra Rawat allegedly abused them in filthy language and threatened to kill them. It is further alleged that Mahesh Rawat fired a gunshot, which struck Dharmendra on the upper portion of his left leg , causing bleeding injuries. Thereafter, Pushpendra fired from the same firearm, and the bullet hit Dharmendra in the left thigh. Balveer allegedly struck Girwar Pal on the head with a stick (lathi), resulting in bleeding injuries. Sandeep Rawat and Vijay Rawat allegedly assaulted Akash and Sanju Pal with sticks, causing contusions to Sanju's right shoulder and left palm, and to Akash's right-hand finger and shoulders. Balveer is further alleged to have struck Dharmendra on the head with a stick, causing another bleeding injury. The accompanying three to four unidentified persons also allegedly assaulted them with sticks, causing simple blunt injuries. It is further stated that villagers Chhatrapal Pal and Ghanshyam Pal intervened, witnessed the occurrence, and separated the parties. On the basis of the aforesaid report, a First Information Report (FIR) was registered at Police Station Badoni as Crime No. 242/2025,

4. Learned counsel for the applicant submits that applicants are innocent and have been falsely implicated in the case. Applicants are in custody since 25.10.2025. Charge-sheet has been filed. Investigation is over. No custodial interrogation is required. Complainant Vekesh (PW-1), Injured Dharmendra (PW-2), eye-witnesses Sanju (PW-4) and Aakash (PW- 5) do not support the prosecution story in their statement recorded before the trial Court. They have turned hostile. They are ready and willing to co- operate in the investigation and abide by all the terms and conditions as may be imposed by the Court. Conclusion of trial will take time. On these grounds, learned counsel for the applicants prays for grant of bail to the applicants.

5. Per contra, learned counsel for the State as well the counsel for the complainant have opposed the bail application and prayed for its rejection on the ground criminal antecedents.

6. Heard learned counsel for the parties and perused the case diary.

7. Having heard the rival submissions and considering the facts and circumstances of the case but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court/committal Court.

8. This order will remain operative subject to compliance of the following conditions by the applicants:-

          i) The applicants will comply with all the terms and conditions of the bond executed by them;

          ii) The applicants will cooperate in the investigation/trial, as the case may be;

          iii ) The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

          iv) The applicants will not commit any other offence or will not repeat the offence in future. In case, if they are found involved in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

          v) The applicants will not seek unnecessary adjournments during the trial;

          vi) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

9. Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.

 
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