IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 19 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 6885 of 2026 SMT. PREMBAI Versus STATE OF MADHYAPRADESH Appearance:

Shri Ritu Raj Bhatnagar - Advocate for the applicant.

Shri Bhaskar Agrawal GA for the State.

ORDER

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. 39 of 2026 registered at Police Station - Taal, District Ratlam (M.P.) for offence punishable under Sections 115(2), 296(b), 351(2), 109, 3(5), of BNS, 2023. Applicant is in judicial custody since 28/01/2026

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 applicant has been falsely implicated in this case. It is a case of false over implication, wherein all the family members have been implicated. Minor oral altercation between the neighbours over passing through the way in front of the house aggravated into physical scuffle. Learned counsel referring to cross case FIR registered at Crime no. 38 of 2026, submits that Gaman Singh was aggressor. Mukesh, son of the applicant, had also sustained injury in the incident. It is a case of free fight. The allegation against the applicant is to join the quarrel after Gulab Singh had assaulted Gaman Singh by lathi on his head. No offence, as alleged, is committed by the applicant. The investigation is almost complete. Further custodial interrogation of the applicant is not needed in the matter Applicant has clean past, with family roots. There is no history of evading process of law. There is no likelihood of tampering with evidence by the applicant. The trial would take time to conclude. Jail incarceration on false accusation is causing hardship to the applicant. Applicant is ready to cooperate in further investigation and the trial.

5 . Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant. Applicant - Prembai is aged around 51 years. She is homemaker by profession.

6 . As per accusation on case diary, Gulab Singh and Bharat abused Gaman Singh on 18/01/2026 over passing through the way near their house. Gulab Singh assaulted Gaman Singh with stick (lathi) on his head and shoulder. Gaman Singh fell down. Prembai (applicant) and Mukesh came there and they abused Gaman Singh in filthy language and slapped him. Mahipal and complainant Niranjan intervened. Accused threatened to kill Gaman Singh. Gaman Singh was taken to the Government Hospital, Taal, District - Ratlam. He was further referred for treatment to Ratlam Medical College and Arbindo Hospital, Indore. The Police Station - Taal, District - Ratlam registered FIR for offence punishable under Sections 115(2), 296(b), 351(2), 3(5), of BNS, 2023 against Gulab Singh, Prembai (applicant), Mukesh and Bharat. Gaman Singh succumbed to death due to injury on 19/01/2026. The Medical Officer, on postmortem examination, opined that Gaman Singh has died due to head injury. The prosecution for offence punishable under section 103 of the BNS, 2023 was added. Applicant Prembai was arrested on 28/01/2026. She is in custody ever since. No incriminating material was seized at the instance of the applicant. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless. The veracity of the prosecution and complicity of applicant will be considered on merit after evidence.

7. As informed, the applicant has family responsibilities. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, ther