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CDJ 2026 MPHC 254 print Preview print Next print
Court : High Court of Madhya Pradesh (Bench at Indore)
Case No : MISC. Criminal Case No. 36091 of 2026
Judges: THE HONOURABLE MR. JUSTICE PAVAN KUMAR DWIVEDI
Parties : Anil Bhati Versus The State Of Madhya Pradesh
Appearing Advocates : For the Applicant: Sarika Athale, learned counsel. For the Respondent: Bhaskar Agrawal, learned Government Advocate.
Date of Judgment : 04-08-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 -

Comparative Citation:
2026 MPHC-IND 21453,

Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- 439 of the Criminal Procedure Code, 1973
- Sections 109, 119(1), 333, 296, 351(3) and 3(5) of Bharatiya Nyaya Sanhita
- Section 183 of the BNSS
- Section 480(3) of BNSS

2. Catch Words:
- Bail
- Regular bail
- Charge‑sheet
- Inconsistent statement
- Assault
- Injury
- False story
- Conditions of bail

3. Summary:
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita and Section 439 of the CrPC for offences under the Bharatiya Nyaya Sanhita. The prosecution alleged that the applicant and a co‑accused assaulted a liquor‑shop salesman who refused to give them free liquor. The defence highlighted inconsistencies in the complainant’s statements, arguing that the charge‑sheet narrative was unreliable. The Government opposed bail on the ground of the seriousness of the injuries. The Court noted that medical examination showed only simple injuries with no fracture. Considering the nature of the injuries and the inconsistencies, the Court found the applicant eligible for bail. The bail was granted on a personal bond of Rs. 50,000 with a surety and subject to conditions under Section 480(3) of the BNSS. The order remains effective until the trial concludes, with forfeiture provisions for bail jump.

4. Conclusion:
Petition Allowed
Judgment :-

1. This is the second bail application filed on behalf of the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / 439 of the Criminal Procedure Code, 1973 for grant of regular bail. The applicant is arrested in relation to Crime No.206/2026 registered at Police Station Civil Lines, District Dewas for the offences punishable under Sections 109, 119(1), 333, 296, 351(3) and 3(5) of Bharatiya Nyaya Sanhita. The applicant is in custody since 22.04.2026. His earlier bail application was dismissed as withdrawn with liberty to renew the prayer after filing of the charge-sheet vide order dated 19.06.2026 in MCRC No.22294/2026.

2. The prosecution case is that on according to the complainant, on 15.04.2026 at around 4:00 P.M. when he and another salesman Rajesh Singh were selling liquor, two unknown persons wearing black and white coloured shirts respectively came to the shop in a white-coloured Bolero Jeep. The person wearing the black shirt disclosed his name as Anil, while the person wearing the white shirt disclosed his name as Sunil. Both of them stated that they were influential persons and that all liquor shop owners provided them liquor free of cost.

          2.1 It is further alleged by the complainant that the accused persons became annoyed as he refused to provide free liquor to them and thereafter started abusing him in filthy language. Subsequently, co-accused Sunil entered the shop and assaulted the complainant with stick, causing injury on his head. When the complainant tried to save himself, the present applicant allegedly assaulted him with stone. While trying to protect himself, the complainant sustained injuries on his waist and left palm.

          2.2 The alleged incident was witnessed by Rajesh Singh and one customer present at the shop. Thereafter, the accused persons left the spot while extending threats of dire consequences to the complainant in case he failed to provide free liquor to them in the future. On the basis of the aforesaid allegations, a case was registered against the accused persons.

3. Learned counsel for the applicant submits that the applicant submits that the charge-sheet has now been filed. She further submits that in the FIR, the prosecution case was that co-accused Sunil assaulted the complainant with stick, whereas the present applicant allegedly pelted stone at him. However, while recording the statement under Section 183 of the BNSS, the complainant stated that the present applicant was carrying stick and that the co-accused had pelted stone. Thus, learned counsel submits that the complainant has failed to remain consistent in his version, which indicates that false and concocted story has been developed subsequently.

          3.1 She further submits that the allegation is that the applicant and his brother, who is the co-accused, reached the liquor shop where the complainant was working as salesman and assaulted him when he refused to provide free liquor to them. According to learned counsel, the prosecution story itself is very improbable. She submits that the present applicant and the co-accused are young persons aged about 20 years and considering the fact that the applicant is in custody since 22.04.2026, he deserves to be enlarged on bail.

4. Per contra, learned Government Advocate opposes the prayer and submits that looking to the nature of the offence and the fact that the complainant sustained three injuries on his head, the applicant does not deserve to be enlarged on bail.

5. Heard learned counsel for the parties and perused the case file.

6. After hearing learned counsel for the parties and on perusal of the case diary, particularly taking note of the fact that in CT scan, no fracture was found and that the injuries are simple in nature, this Court is inclined to enlarge the applicant on bail.

7. Accordingly, the application is allowed. 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 in the like amount to the satisfaction of the concerned Court / JMFC for his regular appearance before the trial Court during trial with a condition that applicant 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.

8. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

 
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