Anticipatory bail is an extraordinary remedy available only in exceptional circumstances, especially in serious offences leading to substantial injuries.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 17 OF SEPTEMBER, 2025 MISC. CRIMINAL CASE No. 41883 of 2025 MUNIRAJ BHARGAVA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Sankalp Kochar - Advocate for the applicant.

Shri Mohan Sausarkar - Government Advocate for the respondent/Stat.

ORDER This is the first bail application filed by the applicant under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ' BNSS ') for grant of anticipatory bail relating to FIR/Crime No. 265/2025, registered at Police Station Begumganj, District Raisen, for the offence punishable under Section 326 (g) of BNS, 2023.

2. It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in the offence. It is submitted that the applicant has been in relationship with the sister of the complainant for which the complainant and the family members were objecting to it. Because of this relationship, the family members were harassing the sister of the complainant for which the applicant himself has given complaints to the police of which document has been filed alongwith the application. It is Signature Not Verified Signed by: RAGHVENDRA submitted that because of such enmity the applicant has been falsely implicated. It is further submitted that the offence has been registered under Section 326 (g) of BNS, 2023, however, the said offence, even if gathered from the face value of the FIR then it falls under Section 326 (f) of BNS, 2023, which is punishable for seven years and therefore, the applicant is entitled for benefit of Section 41-A of Cr.P.C. as held by the Hon'ble Apex Court in the cases of Arnesh Kumar vs. State of Bihar and another reported in (2014) 8 SCC 273 and Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 .

3. Per contra, learned counsel for the State has submitted that on

28.06.2025 a report was lodged by the complainant Sonu Sharma that in the night of 26.06.2025 at about 10.00 to 11.00 PM when Nasir Khan and Nilesh Raikwar returned to home and they went to see buffalo, tide on the hook in the house, where they keep their wood logs then they found that the fire was ablaze and three persons including Muniraj Bhargav were found hiding in the site. They have set the place on fire by pouring petrol. Nilesh Raikwar and Nasir Khan went to open up the buffalo where they have got burn injuries. On the basis, report of fire incident has been lodged and after recording the evidence, offence under Crime No. 265/2025 under Section 326 (g) of BNS, 2023 has been registered. It has been submitted that as per the medical report, Nilesh has sustained 24% of burn injuries. Therefore, it cannot be accepted that a false case has been registered because no one would get such fire injuries in a false case. Nilesh and Sonu both got fire injuries.

4. It is evident from the MLC report that both Sonu and Nilesh have Signature Not Verified Signed by: RAGHVENDRA sustained fire injuries. In the context, it cannot be believed that the complainant has lodged a false case only because of the enmity, who have sustained fire injuries of serious nature.

5. The Hon'ble Apex Court in catena of judgments has held that the anticipatory bail being an extraordinary power granted to the Court to exercise it in exceptional cases where judicial discretion conferred upon the Courts has to be properly exercised after application of mind.

6. Hon'ble Apex Court in P. Chidambaram VS. Directorate of Enforcement (2019) 9 SCC 24 has discussed the issue and has held in para

69 and 77, as under:-

" 69. Ordinarily, arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. Power under Section 4