Gaffar Khan And Others Vs State Of Madhya Pradesh

Madhya Pradesh High Court 2 Jan 2026 Miscellaneous Criminal Case No. 60595 Of 2025 (2026) 01 MP CK 0443
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Miscellaneous Criminal Case No. 60595 Of 2025

Hon'ble Bench

Vivek Jain, J

Advocates

Faisal Ali Shah, Rohit Shrivastava

Final Decision

Dismissed

Acts Referred
  • Bharatiya Nagarik Suraksha Sanhita, 2023-Section 482
  • Bharatiya Nyaya Sanhita, 2023-Section 108

Judgement Text

Translate:

Vivek Jain, J

This is the first application for grant of anticipatory bail under Section 482 of BNSS filed by the applicants, who are apprehending their arrest in connection with Crime No.107/2025, registered at Police Station Devgarh Distt. Morena, (M.P.) for the offences punishable under Sections 108 of BNS.

Learned counsel for applicants by taking this Court to the prosecution version has argued that the incident has taken place in various spells of time. The applicants are brothers of daughter- in- law of deceased. The deceased who was mother- in- law of sister of applicants committed suicide on 29.09.2025 by consuming poison. It was alleged that sister of present applicants was residing since long time in her maternal home as her relation with her husband was not good. The son of the deceased visited the house of the applicants on 18.09.2025 to convince his wife to return back to her matrimonial home but not only his wife refused to return back to matrimonial home but also the family of the applicants retained the motorcycle of son of deceased, then the deceased visited the house of applicants on 23.09.2025 and again on 24.09.2025 to convince the applicants and other family members to atleast give back the motorcycle of her son. On 23.09.2025, the family of the applicants refused to return the motorcycle and pressurized the deceased to transfer some land in favour of her daughter- in- law which she refused and then again on 24.09.2025 when she went to convince the family, then she was assaulted and beaten by various family members of the applicants. It is argued that the incident is highly improbable in the manner it has been projected.

Per contra, counsel for the State has vehemently opposed the bail application and has contended that on 24.09.2025 the deceased who was a lady is stated to have been assaulted and beaten by male members of the of family of the applicants which itself a grave insult to a lady of a respectable family. Moreover, as per the dying declaration of the deceased recorded on 29.09.2025 it has been stated by her that she was beaten by some persons including the present applicants five days ago and on account of which she was feeling mentally troubled and consumed poison. In teeth of the dying declaration the anticipatory bail application is vehemently opposed.

Considering the rival submissions, in totality of circumstances of the case, but without commenting anything upon the merits of the case, this Court is not inclined to extend benefit of anticipatory bail to the applicants.

Consequently, the anticipatory bail application stands rejected.

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