IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

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ON THE 11 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 59859 of 2025 PINKI Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Nilesh Manore - Advocate for the applicant.

Shri Viraj Godha- GA appearing on behalf of Advocate General[r-1].

ORDER

1] They are heard and perused the case diary.

2] Heard on I.A.No.1808/2026 which is an application for amendment in the cause title.

3] For the reasons assigned therein, I.A.No.1808/2026 stands allowed.

4] This is the applicant's second bail application filed under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as she is implicated in connection with Crime No.146/2025 registered at Police Station Rajpur, District- Barwani (MP) for offence punishable under Sections 103(1),294,115(2), 351(3),3(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant is in custody since 2.3.2025. The first bail application was dismissed as withdrawn by this Court vide order ated 20.5.2025 passed in MCRC.No.20780/2025.

3] The allegation against the applicant is of her involvement in the aforesaid case wherein one Arvind died, and it is alleged against the applicant that she hurled stone on deceased's wife.

4] Counsel for the applicant has submitted that the applicant is a woman aged 29 years and no overt act has been attributed to the applicant. So far as the assault on the deceased Arvind is concerned, the only allegation against the applicant is that after the deceased wife hospitalised the deceased when she was coming back to her home, the present applicant hurled a stone on her resulting in injury on her right thumb of the deceased's wife and thus, it is submitted that the applicant cannot be tried under Section 103 of the BNS Act, and deserves to be released on bail as she is lodged in jail since

2.3.2025. Thus, it is prayed that the application be allowed.

5] Counsel for the State has opposed the prayer.

6] On due consideration of submissions and on perusal of the case-

diary and the fact that the applicant is a woman aged 29 years and is lodged in jail since 2.3.2025, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8] However, it is directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the trial Court itself, which shall decide the same in accordance with law.

9] Accordingly, the application is allowed and disposed of.

(SUBODH ABHYANKAR)

JUDGE das