IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 6 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 58898 of 2025

DASHRATH SINGH

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Vimal Kumar Gangwal - Advocate for the applicant.

Shri Aditya Garg GA for the State.

Shri Shashank Solanki, learned counsel for the respondent [OBJ].

ORDER Minor altercation between neighbouring shop keepers aggravated into physical scuffle. There was no intention to cause any life threatening injury to the injured, Parvez. The final report has been submitted on completion of investigation. The trial would take time to conclude. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and the family. Applicant is ready to cooperate in the trial.

1. This first application has been filed by applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 357 of 2025 registered at Police Station- Shivgarh, District- Ratlam (M.P.) for offence punishable under Sections 109, 115(2), 117(2), 118(2), 296, 351(3) and 3(5) of the BNS, 2023.

Applicant is in judicial custody since 17/09/2025

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application, case

diary and the relevant material on record.

4. Learned counsel for the applicant in addition to the grounds

mentioned in the application submits that the applicant is falsely implicated in the alleged offence. No offence, as alleged, is committed by the applicant.

5. Per contra, learned counsel for the State, ably assisted by learned counsel for the objector, opposes the application on the ground of gravity of alleged offence. Learned counsel submits that the injured suffered extradural hemorrhage and hairline fracture on left maxillary bone as revealed by CT Scan, which shows gravity of the injury. The applicant may not be extended the benefit of bail. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

6. According to the material available on case diary, Parvez went to the shop of Dashrath on 14/08/2025 around 1:30 in the afternoon and asked for mechanical tool (pana). Dashrath abused Parvez in filthy language. Parvez returned to his shop. After sometime, Dashrath, Narendra and Santosh again abused Parvez in filthy language. Dashrath assaulted Parvez on his forehead with iron pipe. Narendra assaulted Parvez with kick and fist blows. Chandrashekhar and Bharat Sharma intervened and rescued Parvez. Parvez was admitted for treatment in Medical College. The Police Station - Shivgarh registered FIR at the instance of Chandrashekhar for offence punishable under sections 115(2), 117(2), 296, 351(3) and 3(5) of the BNS, 2023. Initially, The Medical Officer opined that the injury caused on head of Parvez is not grievous in nature or life threatening but later, on the basis of CT Scan report, it was opined that the injury may be life threatening. Accordingly, the prosecution of offence punishable under sections 109 and 118(2) of the BNSS, 2023 was added. Applicant Dashrath was arrested on 17/09/2025. He is in custody ever since. One iron pipe was recovered at his instance. The final report has been submitted on completion of investigation. The trial is under way. The veracity of prosecution, intention of the applicant and nature of injury will be determined after evidence in the trial.

7. As informed, the applicant is aged around 22 years and is labourer by profession. He has family responsibilities. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the young ap