SAMPOBAI BANJARA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application under Sec. 483 of BNSS filed by the applicant for grant of bail. He has been arrested on 31/8/2025 by Police Station Maksudangarh, District Guna in connection with Crime No.142/2025, registered in relation to the offence punishable under Ss. 103(1), 238 of BNS.

(2.) As per prosecution story, on 21/8/2025, between 8:00 PM and 10:30 PM, the deceased Kailash Banjara was alone at home with his wife Sampobai (present applicant). After a quarrel, both went to the cattle shed, where Sampobai (present applicant) strangulated Kailash with a rope used for tying cattle, causing his death. Blood was seen coming from both ears of the deceased and marks were found on his neck. Sampobai (present applicant) refused to get the post-mortem conducted and later confessed before family members and villagers that she had killed her husband. On the information of Kailash's brother Pooran Banjara, Merg No. 0/25 dtd. 27/8/2025 was registered, and Kailash was declared dead by a doctor while being taken for treatment.

(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is argued that the entire prosecution case is based on an alleged extra-judicial confession, which is a weak piece of evidence and requires strict corroboration, but no independent and reliable evidence is available on record to support the same. It is further submitted that no post-mortem examination was conducted and, therefore, the exact cause of death has not been medically established. In the absence of medical evidence, the allegation of homicidal death remains doubtful.