GAJRAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the fourth bail application under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) filed by the applicant seeking grant of bail. His earlier bail application was disposed of vide order dtd. 22/8/2025 passed in M.Cr.C. No.38329 of 2025 by this Court.

(2.) The applicant has been arrested on 19/10/2024 in connection with Crime No. 100/2024 registered at Police Station Bhaguvapura, District Datia, for offences punishable under Ss. 296, 115(2), 351(2) added Sec. 103(1) of BNS.

(3.) As per proseuction case, on 17/10/2024, the complainant, Man Singh Solanki, appeared at the Police Chowki Bhaguwapura and lodged a written report stating that on 16/10/2024, at about 10:00 p.m., he returned to his house from his tea stall at Bhaguwapura Tiraha. After having his meal, he laid down in his room. At that time, his elder brother, Gajraj alias Gurukul Solanki, came home in an intoxicated condition and falsely accused him by saying, "You have stolen my four thousand rupees," and started hurling filthy abuses at him. When the complainant objected to the abuses, Gajraj assaulted him with a stick kept in the room, as a result of which he sustained multiple minor injuries on different parts of his body. Upon hearing his cries, his sister-in-law, Ramkumari, who was sleeping nearby, arrived and intervened to stop the assault. At that time, Gajraj alias Gurukul Solanki threatened that if a report was lodged at the police station, he would kill him. On the basis of the said report, Crime No. 100/2024 was registered at Police Chowki Bhaguwapura against the accused Gajraj alias Gurukul under Ss. 296, 115(2), and 351(2) of the BNS, and the case was taken up for investigation. During the course of investigation, the FIR, inquest intimation, original inquest intimation, Safina form, inquest panchnama, dead body receipt, spot map, MLC report, post-mortem report, query report, and statements of witnesses were recorded. The accused was arrested, and the stick used in the incident was seized. As per the post-mortem report, the medical expert opined that the cause of death in this case was head injury, and evidence of other ante-mortem injuries along with rail-pattern contusions were present over the body. Statements of independent witnesses also revealed that the accused Gajraj alias Gulgul Solanki had brutally assaulted Man Singh alias Kakka, resulting in his death. After completion of the entire investigation, a charge sheet has been filed before the Court against the accused Gajraj alias Gulgul under Ss. 296, 115(2), 351(2), and with the addition of Sec. 103(1) of the BNS.