Sayra Bano vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:7257
1 MCRC-11955-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
th
ON THE 17 OF MARCH, 2026
MISC. CRIMINAL CASE No. 11955 of 2026
SAYRA BANO
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Yadav - Advocate for the applicant.
Shri Tarun Pagare - Govt. Advocate for the respondent/State.
ORDER
This first bail application has been filed by applicant under Section 482 of
Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory bail in
connection with Crime No. 687/2025 registered at Police Station- Industrial
Area, Jaora District- Ratlam (M.P.) for offence punishable under Section(s)
331(3), 296(a), 115(2), 351(2) and 3(5) of BNS,2023 with further added
section 331(5), 125, 117(2) and 191(2) of the BNS, 2023. Applicant is
apprehending her arrest in the matter.
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
Learned Counsel for the applicant in addition to the grounds
mentioned in the application, submits that applicant has been falsely
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
20:03:21

NEUTRAL CITATION NO. 2026:MPHC-IND:7257
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implicated in the alleged offence. It is a case of false over implication

wherein all the family members were involved on omnibus allegations.
Minor altercation between neighbours aggravated into physical scuffle
wherein both the parties sustained injuries. Learned counsel referring to the
cross-case FIR bearing Crime NO. 688/2025 contends that Mukhtiyar
(brother in law of applicant Sayra Bano) has also sustained head injury). It is
a case of free fight. The allegations against applicant relates to assault by a
washing wooden bat (mogri) to Zeenat. Zeenat had sustained simple injuries.
No offence, as alleged is committed by the applicant. Custodial interrogation
of the applicant is not needed in the matter. Jail incarceration on false
accusation would cause hardship to the applicant. Applicant is ready to
cooperate in the investigation. As informed, applicant is aged around 36
years and is a mother of minor child and a home maker by profession.
Therefore, applicant be extended the benefit of anticipatory bail.
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.
According to the accusation on case diary, on 12.12.2025, around
08:30 hours, Zeenat, her brother Abbas, mother Maqboola and sister-in-law
Sakina were in their house. Mukhtiyar and his brother Ali Khan entered their
house and abused them in filthy language. Ali Khan assaulted them with
wooden stick. Mukhtayar Khan assaulted them with iron rod. Her brother
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
20:03:21

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Abbas sustained head injury. Mukhtayar, Talib and Sayra Bano and Asif also

entered their house and joined the quarrel. Sayra Bano assaulted Zainab with
wooden washing bat(mogri). Zeenat also sustained injuries. On such
allegations, P.S. Industrial Area registered FIR for offence punishable u/S
331(3), 296(a), 115(2), 351(2) and 3(5) of BNS, 2023. MLC report reveals
depressed fracture on parietal region of Abbas. Therefore, prosecution for
offence punishable u/S section 331(5), 125, 117(2) and 191(2) of the BNS,
2023 was added. The contentions advanced by learned counsel for the
applicant has prima-facie substance. The veracity of the prosecution and
complicity of the applicant in the alleged offence will be considered on merit
after evidence.
As informed, applicant is a home maker with responsibility of a
minor child. Considering the age, profession and status of the applicant, there
appears to be no likelihood of fleeing from justice or involving in any
criminal activity. In absence of criminal antecedents, considering the socio-
economic status of the applicant, there appears to be no likelihood of
tampering with the evidence, influencing the witness or interfering in the
investigation by the applicants. The incarceration of applicant does not
appear to be necessary for the purpose of investigation. The grant of
anticipatory bail to the applicant will not cause prejudice to free, fair and full
investigation. Considering her clean past, age, status and profession, the
applicant may suffer hardship and prejudice due to incarceration entailing
social disrepute and humiliation. Considering the overall circumstances of
the case, but without commenting on merits of the accusation, this Court is
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
20:03:21

NEUTRAL CITATION NO. 2026:MPHC-IND:7257
4 MCRC-11955-2026
inclined to grant anticipatory bail to the applicant. Thus, the application is

allowed.
Accordingly, it is directed that in the event of arrest of applicant -
Sayra Bano shall be released on bail in connection with Crime number as
mentioned in the first paragraph of this order, upon furnishing a personal
bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with one
solvent surety of the same amount to the satisfaction of the Officer making
arrest, for compliance with the following conditions: (For convenience of
understanding by accused and surety, the conditions of bail are also
reproduced in Hindi as under):-
1) Applicant shall make herself available for investigation as may be directed
by the Investigation Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgs xhA
(2) Applicant shall not commit or get involved in any offence of similar
nature;
(2) leku izd`fr dk dksbZ vijk/k ugha djsxh ;k mlesa lfEefyr ugha gksxhA
आवे दका
(3) Applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(3) izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku]
आवे दका
/kedh ;k opu ugha nsxh] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks
izdV djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa
आवे दका
dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxhA
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C/346 of the BNSS. regarding examination of witnesses
in attendance;
(5) ,
वचारण के दौरान उप थत गवाह  से पर ण के संबंध म  आवे दका धारा ३०९
/ , 2023
दं. #.सं. ३४६ भारतीय नाग )रक सुर ा सं हता के #ावधान का उिचत
djsxh
अनुपालन सुिन .त ।
This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider on
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
20:03:21

NEUTRAL CITATION NO. 2026:MPHC-IND:7257
5 MCRC-11955-2026
merit, cancellation of bail without any impediment from this order.

The Investigation Officer /trial Court shall get these conditions
reproduced on the personal bond by the accused and on surety bond by the
surety concerned. If any of them is unable to write, the scribe shall certify
that he/she had explained the conditions to the concerned accused or the
surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh

Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 17-03-2026
20:03:21