IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY

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ON THE 9 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 4661 of 2026 SHEIKH RAFIQ Versus THE STATE OF MADHYA PRADESH Appearance:

Mr. Sankalp Kochar - Advocate for applicant.

Mr. Vineet Tiwari - Panel Lawyer for State.

ORDER This is the first bail application filed on behalf of the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

2. The applicant is in custody since 08.12.2025 in connection with Crime No.308 of 2024 registered at Police Station-Javar District Khandwa for the offence punishable under sections 103(1), 3(5), 238 of BNS, 2023.

3. In short, it is alleged that the applicant along with two other co- accused persons has administered the poisonous substance to deceased Tabassum on 30.10.2024 at about 6:00 PM at Village Mudwara Police. As per the prosecution case, the deceased had gone to her field where present applicant caught hold of her hands, co-accused Firoz caught hold of her legs and co-accused Rafique administered unknown pesticide forcefully by opening the mouth of the deceased. The deceased was admitted in the hospital and her dying declaration was recorded. During treatment, the deceased died on 4.11.2024. Consequently, the aforesaid offense vide crime No.308/2024 has been registered against the applicant and 2 others.

4. Learned counsel for the applicant submitted that the applicant is innocent. He has been falsely implicated due to his previous enmity with family members of the deceased. It is further submitted that it is well evident from the documents prepared during the investigation that the deceased administered poisonous substance to herself at her home. It is further submitted that the dying declaration of the deceased is not true, and the same is manipulated. It is also submitted that main prosecution witnesses including husband, sister and parents of the deceased have already been examined before the trial Court and none of them has supported the case of the prosecution. It is also submitted that the spot map prepared by the Patwari concerned also does not support the incident, as the place of occurrence shown in the spot map belongs to Khasra No.736/2, which is possessed by the applicant and there was no reason as to why the deceased was present over there. Thus, the documents prepared during the investigation at the initial stage, which reveals that the deceased has administered poisonous substance to herself, prima-facie appears to be true. The co-accused persons, namely Sheikh Amzad and Firoz, have been granted the benefit of bail by this Court vide order dated 08.01.2026 passed in M.Cr.C. Nos. 53695 of 2025 and 53699 of 2025, and the case of the present applicant stands on an identical footing with that of the said co-accused persons. Thus, it is prayed that the applicant be released on regular bail.

5. On the other hand, learned counsel for the respondent-State submitted that there is dying declaration recorded by the Naib Tahsildar that when the deceased was undergoing treatment in the hospital, she has categorically stated that the applicant and two other persons have administered pesticide by catching hold of her hands and legs. Therefore, it is prayed that the present application be dismissed.

6. Considering the overall facts and circumstances of the case, particularly the marg intimation dated 5.11.2024 recorded by the MYH Chowki of Police Station Sanyogitaganj District Indore wherein it is mentioned that the deceased has taken unknown poisonous substance at her home and she was taken to the hospital for treatment and she died on 4.11.2024. In the Naksha Panchayatnama prepared on 5.11.2024 it was opined that the cause of the death of the deceased was due to unknown poisonous substance. It is evident from the Talashi Panchanama dated 15.11.2024 and 9.12.2024, no bottle of pesticide was found on the place of occurrence. In the Rojnamcha Entry No.038 dated 30.10.2024, it is mentioned a