Madhya Pradesh High Court
Magan Singh vs The State Of Madhya Pradesh on 17 October, 2025
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2025:MPHC-IND:31708
1 MCRC-46628-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 17th OF OCTOBER, 2025
MISC. CRIMINAL CASE No. 46628 of 2025
MAGAN SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Gupta - Advocate for the applicants.
Shri Hemant Sharma - G.A. for the State.
ORDER
1. They are heard. Perused the case diary / challan papers.
2. This is first bail application filed by the applicants under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (439 of Cr.P.C.) as they are implicated in connection with Crime No.150/2025 registered at Police Station Chandpur, District Alirajpur (MP) for offence punishable under Section 108, 296, 115(2), 351(3), 3(5) of BNS, 2023. The applicants are in custody since 07/09/2025.
3. The allegation against the applicants is of abetment of suicide of one Ajay, who committed suicide by hanging. It is alleged that the applicants had earlier alleged witchcraft by the mother of the deceased as as result of which, the applicant No.1 Magan's son, aged 3 years died all of a sudden and thereafter, applicants alleging that the mother of the deceased Idibai had performed black magic, as a result of which, Magan's son had died. The Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 01-11-2025 15:56:22 NEUTRAL CITATION NO. 2025:MPHC-IND:31708 2 MCRC-46628-2025 complainant party including the complainant Kaliya, his wife Idibai and his son/the deceased Ajay driven out of their home, however, when they again came back, the applicants assaulted them and when the deceased Ajay asked them to sort out the matter and threatened that if the matter is not sorted out, he would commit suicide, however, the applicants again threatened him and subsequently, the deceased committed suicide.
4. Counsel for the applicants has submitted that the ingredients of abetment are clearly missing in the case and if the complainant party was aggrieved, they could have lodged the complaint in the police, and in an either way, the aggrieved person was the mother of the deceased and not the deceased himself, and in such circumstances, it is submitted that further custody of the applicants would not be necessary.
5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out.
6. Having considered the rival submissions and perusal of the case diary as also the impugned order, it is found that the trial Court has also observed that the charge sheet has already been filed, although the counsel for the applicant has not cared to mention this fact in the bail application itself. Be that as it may, considering the fact that the disputed questions of fact are involved regarding abetment of suicide, and according to the FIR itself, the deceased had committed suicide on account of harassment at the hands of the applicants, and in the statement under Section 183 of BNS, 2023 given by the complainant Kaliya, he has stated that his son was threatened that he would commit suicide if he is harassed by the applicants, and Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 01-11-2025 15:56:22 NEUTRAL CITATION NO. 2025:MPHC-IND:31708 3 MCRC-46628-2025 considering the short period, in which the entire episode took place, this Court finds that the applicants have made out a case for grant of bail as they are lodged in jail since 07/09/2025 and the final conclusion of the trial is likely to take sufficient long time.
7. The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) each with one solvent surety each of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
8. M.Cr.C. stands allowed.
Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 01-11-2025 15:56:22