Rajesh vs The State Of Madhya Pradesh

Court
Madhya Pradesh High Court

NEUTRAL CITATION NO. 2026:MPHC-IND:24650



1 Cr.A. No.6484/2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
CRIMINAL APPEAL No.6484 of 2026


RAJESH AND ANOTHER

Versus

STATE OF M.P. AND ANOTHER

Appearance:
Shri Manish Yadav – Advocate for the appellants.
Shri Jay Gopal Choksey – Government Advocate for the
respondent No.1/State.
Shri Tohir Khan – Advocate for the respondent No.2.
_________________________________________________________
Reserved on : 04/08/2026
Post on : 02/09/2026
_________________________________________________________

Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-09-2026
17:34:09

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2 Cr.A. No.6484/2026

J U D G M E N T
This is a Criminal Appeal preferred on behalf of the appellant
under Section 14A(2) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989. The present appeal is
directed against the impugned order dated 17.07.2026, passed by
the learned Additional Sessions Judge and Special Judge (SC/ST
Act), Dewas, Madhya Pradesh. By the said impugned order, the
learned Special Court was pleased to dismiss Bail Application
No.839/2026, declining the relief sought by the appellants.
2. Through this statutory appeal, the appellant seeks the relief of
enlargement on regular bail in connection with Crime No.324/2026,
registered at Police Station Khategaon. The offences alleged against
the appellants are punishable under Section 140(2), 108, 115(2),
and 3(5) of the Bharatiya Nyaya Sanhita (BNS). Furthermore,
charges under Sections 3(2)(v) and 3(2)(v-a) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act have
also been invoked by the prosecution.
FACTS IN BRIEF
3. As per the case of the prosecution, the present matter relates
to the unnatural death of the deceased Arjun, who committed
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-09-2026
17:34:09

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3 Cr.A. No.6484/2026
suicide by consuming a poisonous substance. Initially, in respect of
the said death, an inquest under Marg No.43/2026 was registered at
Police Station Khategaon. Subsequently, upon conclusion of the
preliminary Marg inquiry, the present First Information Report
bearing Crime No.324/2026 was formally registered on 21.05.2026
against the accused persons.
4. The prosecution story further alleges that the deceased Arjun
and his wife Chintabai were the owners of a one-acre barn (bada)
situated in village Dawtha. It is alleged that the accused persons,
namely Raju alias Rajesh, Indrapal Jani, Surajmal, and his son
Arvind, harboured the intention to grab the said property. In
furtherance of this objective, the accused persons were continuously
visiting the complainant's house and continuously threatening the
deceased to transfer the land.
5. It is specifically alleged that on 19.05.2026, the accused
persons intercepted the deceased Arjun at Tirapti Chauraha,
Khategaon. The prosecution claims that the accused forcibly took
the deceased to Tehsil Khategaon by physically beating and
threatening him. Under severe duress, the accused persons
compelled the deceased to execute the land-deed of the said
enclosure in their favour, thereby causing immense mental agony
and distress to the deceased.
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-09-2026
17:34:09

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4 Cr.A. No.6484/2026
6. Being deeply aggrieved and broken by the aforesaid forcible
execution of the land deed, the deceased consumed a poisonous
medicine at his home in village Dawtha on 20.05.2026, leading to
his death during treatment. It is also alleged that the accused
persons, knowing fully well that the complainant party belonged to
the Balai community (a Scheduled Caste), subjected the deceased to
intense physical and mental torture, which directly drove him to
commit suicide.
CONTENTIONS OF THE APPELLANTS
7. Learned counsel for the appellants submits that the appellants
has been completely falsely implicated in the present crime and has
not committed any offence whatsoever. It is strenuously contended
that the trial is likely to take a considerable amount of time for its
final conclusion. Under these circumstances, the learned counsel
prays that this Hon’ble Court may kindly grant the concession of
bail to the present applicant to protect his personal liberty.
8. It is further submitted on behalf of the appellants that only
omnibus allegations have been levelled against them and they have
neither harassed nor abetted the deceased in any manner. The
counsel points out that the wife of the deceased had herself
previously registered an FIR against her husband stating that he
wanted to sell the barn. Furthermore, it is highlighted that in the
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-09-2026
17:34:09

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5 Cr.A. No.6484/2026
same crime number, other co-accused persons have already been
granted bail by the Court.
9. The learned counsel for the appellants strongly contends that
the prosecution story appears to be highly suspicious and the
appellants have been wrongly roped in under the garb of a
conspiracy. It is argued that the essential ingredients of Section 107
of the IPC, which require instigation, intentional aiding, or
engagement in a conspiracy, are completely missing. There is
absolutely no legal evidence to show that the appellants harassed
the deceased soon before the suicide.
CONTENTIONS OF THE STATE
10. Per contra, the learned counsel appearing for the
State/respondent has vehemently opposed the present criminal
appeal and the prayer for bail. It is submitted that the allegations
against the appellants are of a very serious and grave nature.
Relying upon the case diary, the State contends that there is specific
and direct evidence against the appellants, and therefore, the
impugned order rejecting the bail application does not suffer from
any infirmity.
ANALYSIS AND CONCLUSION
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-09-2026
17:34:09

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6 Cr.A. No.6484/2026
11. This Court has heard the learned counsel for the rival parties
at length and carefully perused the case diary along with the
impugned order.
12. The most crucial piece of evidence available on record is the
dying declaration in the form of a video transcript recorded by the
deceased shortly before consuming poison. The contents of this
video transcript clearly outline the sequence of events and the
extreme mental agony suffered by the deceased.
13. The deceased categorically named Raju Bishnoi, Indrapal
Jani, Surajmal, and Rajesh, stating that they abducted him from
Tirpatti Chauraha. The deceased clearly stated that he had no
intention of selling his property or executing the stamp papers. He
narrated that he was taken away out of fear and was forced to
execute the documents at an odd hour, purely as a trap to grab his
valuable land.
14. The deceased further elaborated in the transcript that the
accused persons completely isolated him, ensuring that no member
of his family or community was called as a witness during the
execution of the documents. He explicitly stated that the accused
persons set up a complete trap, assaulted him, and created a
situation where he felt entirely helpless. The deceased expressed
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-09-2026
17:34:09

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7 Cr.A. No.6484/2026
that the intense depression and harassment caused by these
individuals left him with no choice but to end his life.
15. While the deceased did mention in the transcript a separate
emotional distress regarding a past relationship with a woman
named Rani, the core and immediate cause of his suicide was
attributed directly to the accused persons. The deceased clearly
stated that Surajmal, Rajesh, Raju Jani, and Indrapal were the sole
reasons for his death.
16. Upon a careful appreciation of the aforesaid transcript, this
Court finds that there are direct, specific, and grave allegations
against the present appellants. The continuous threats, physical
abduction, and forced execution of property documents prima facie
constitute overt acts of harassment and coercion. These
circumstances, as narrated by the deceased himself, clearly
demonstrate a proximate link between the conduct of the accused
and the resultant suicide.
17. Moreover, this Court has carefully examined the criminal
record of the appellants as available in the case diary. It is apparent
that the appellants possess criminal antecedents, which further
aggravates the nature of the allegations against them. The presence
of a criminal history, coupled with the severity of the present
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-09-2026
17:34:09

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8 Cr.A. No.6484/2026
offence involving forced property grab and abetment of suicide,
strongly goes against the prayer for enlargement on bail.
18. In the considered opinion of this Court, the prima facie
material available on record heavily weighs against the appellant.
The specific dying declaration of the deceased, which vividly
describes the coercion and torture inflicted upon him, cannot be
ignored at this stage. Furthermore, the criminal antecedents of the
applicants demonstrate that their release on bail would not be in the
interest of justice and could potentially prejudice the trial.
19. The contentions advanced by the learned counsel for the
appellant regarding false implication, parity with co-accused, and
the absence of ingredients of Section 107 of the IPC cannot be
accepted at this preliminary stage. The video transcript presents a
clear and contrary narrative of continuous harassment. Therefore,
the learned Special Judge has not committed any error in rejecting
the bail application of the appellants.
20. Consequently, this Court finds no illegality, perversity, or
jurisdictional error in the impugned order that would warrant any
interference in the appellate jurisdiction. The appellants have failed
to make-out a case for the grant of bail. The present Criminal
Appeal is devoid of merit and deserves to be rejected outright.
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-09-2026
17:34:09

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9 Cr.A. No.6484/2026
21. Accordingly, the present Criminal Appeal stands dismissed.
The impugned order dated 17.07.2026 passed by the learned
Additional Sessions Judge and Special Judge (SC/ST Act), Dewas,
M.P., in Bail Application No.839/2026, is hereby affirmed .
22. A copy of this judgment be transmitted to the Trial Court for
information and necessary compliance.
(Jai Kumar Pillai)
Judge
Aiyer*/PS
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 02-09-2026
17:34:09