1. This is first application under section 483 of the BNSS, 2023 by the applicants seeking bail in connection with Crime No.151/2026 registered at Police Station Chainpura, District Khargone, (M.P.) for the offence punishable under Sections 296 (B), 115(2), 351(3), 109(1), 103(1), 190, 191(2), 191(3) of B.N.S. 2023 and Section 25(2) of Arms Act. The applicants are in custody since 26.05.2026.
2. The allegation is that on 24.05.2026 a complaint was made before Police Station Chenpur alleging that there is long standing land dispute for the last 10 to 15 years between the children's of sons of his great grandfather Chotiya. It has been alleged that on 23.05.2026 Adta store woods for Chilli farming which was burned by co accused Remal and on asking why the said act was done co accused Vidhyabai and Muniya assaulted Adta by stone which hit on his head and he fell down. It has been further alleged that on seeing the conflict informant Sikandar, Mukesh, Param, Suraj, Dashrath, Rakesh, Masribai, Kalu and lakshman came on running to the agricultural land and from the other side co accused Jaimal, Applicant no 2, Applicant no 1, Badibai armed with Wooden stick, Axe, Sword and Koyata came with common intention to kill and Co accused Muniya struck injured Adta with Wooden Pole on his head and co accused Sunil assaulted Param with Koyata on his head and co accused Karan and Jaimal assaulted Mukesh on his mouth and head with Lattha and Axe and co asued Remal, Applicant no 1, Co accused Budhibai assaulted Suraj and Dashrath with Lattha which caused injury on head of Suraj and Mouth and Head of Dashrath. It has been further alleged that co accused Remal, Karan, Applicant No 1 and 2 and Budhibai assaulted Rakesh, Meshribai, Kalu and Lakshman with Lattha causing injury on head of Rakesh, Head of Meshribai, Head and Hand of Kalu, Right hand of informant Sikandar and waist of Lakshman and when the injured started hue and cry the assailants ran away threatening victim party.
3. Counsel for the applicants argues that the applicant/accused are innocent and they have been falsely implicated in the case. Hence prays for release of the applicants on bail during trial.
4. Counsel for the State opposes the prayer and prays for rejection of the application.
5. Perused the record. In this case the incident occurred on 23rd of May 2026 in which Adta and Mukesh both son of Dashrath lodged an FIR that incident occurred due to allegations of burning sticks collected to prepare the crop of pepper (chili) (mirchi). On asking the reason for burning the sticke and due to this co- accused Vidyabai and Muniya assaulted by stone to Adta who fell down and got unconscious. After seeking the incident Sirdar, Mukesh, Param, Suraj, Dashrath, Rakesh, Mushribai, Kalu and Laxman reached the place of incident to counter them. Thereafter the present applicants namely Jaimal, Saidi bai, Sanjana, Badribai also reached to the place of incident and co- accused - Muniya assaulted Adta by stick and Sunil caused injury to Param and Karan and Jaimal caused injuries to Mukesh and Suraj and Dashram were assaulted by Reman, Sanjana and Budhibai. Rakesh and Budhibai were assaulted by Mushribai, Kalu, Laxman, Remal, Karan, Sanjana bai, Saidibai and Budhibai. Rakesh and Mashribai sustained injuries on their head and Kalu sustained injury on his head and arm. Sanjana sustained injury in the right hand and Laxman sustained injury on the waist. Adta died on the stop and Mukesh took his breath last during treatment.
6. The present application has been filed on the ground that there is no allegation that the present applicants have caused injuries to the deceased. The act was as a result of free fight due to a dispute regarding burning of some sticks collected for agricultural operation. The presence was at later stage.
7. On the other hand, learned counsel for the State opposes the application and prays for dismissal of the same.
8. Considering the facts and circumstances of the case and the role of the present applicants as well as the fact that both the applicants are lady, without commenting on the merit of the case, the application is allowed.
9. It is directed that the applicants be enlarged on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one surety in the like amount each to the satisfaction of the trial court for their appearance before that Court on all dates of hearing, as may be fixed in this behalf during the pendency of trial. They shall abide by all the conditions enumerated under Section 480 (3) of BNSS, 2023.
10. 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.
11. C.C. as per rules.
