AJAY DHAKAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Sec. 483 of BNSS filed by the applicant for grant of bail.

(2.) The applicant has been arrested on 25/7/2025 by Police Station-Bahodapur, District Gwalior in connection with Crime No.427/2025, registered in relation to the offence punishable under Ss. 103 (1), 109, 296, 3(5) of BNS and Sec. 25, 27 of Arms Act.

(3.) As per prosecution story, on 24/7/2025, at about 11:00 p.m., the complainant Nikhil Singh Tomar was present at his residence when co-accused Ankit and present applicant Ajay arrived and called out to his father, stating that Gaurav Tomar wanted to discuss the matter related to the government multi and requested him to come outside. The complainant's father came out of the house and went with the accused persons into the lane to talk. When the complainant's father did not return home for quite some time, the complainant and his brother Ankit Tomar went into the lane to look for him. There, near the hand pump lane in front of the house of Ikraar Ahmed, they saw the accused persons Gaurav Tomar, Ankit Sharma, Himesh Sharma, and the present applicant standing armed with country-made pistols (kattas) and firearms. They were abusing the complainant's father in filthy language regarding the plot dispute. When the complainant's father objected to the abuses, all four accused opened fire with their weapons. As the complainant's father tried to escape, the applicant and co-accused Himesh Sharma exhorted co-accused Ankit Sharma and Gaurav Tomar to shoot him. Acting upon their exhortation, co-accused Gaurav Tomar fired at the complainant's father's head, and co-accused Ankit Sharma fired at his eye, causing him to fall to the ground. When the complainant rushed to save his father, the accused persons fled from the spot in a car. The incident was witnessed by Jayprakash Rajawat and Asha Rajawat. The injured was immediately taken to the Trauma Centre, where the doctors declared him dead. On the basis of the complainant's report, a FIR was registered.