RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the third bail application under Sec. 483 of BNSS filed by the applicant for grant of bail. The applicant was arrested on 24/6/2023 by Police Station Mungawali, District Ashoknagar, in connection with Crime No. 214 of 2023, registered for offences punishable under Ss. 302, 294, 323, and 34 of the IPC. His earlier application was dismissed by this Court vide order dtd. 11/11/2025, as there was no change in circumstances in the matter except for the period of custody.

(2.) As per prosecution story, on 23/6/2023, the complainant Shivraj Mongia was admitted to Mungawali Hospital and lodged a report to the effect that he resides in Village Sindhiagadh and is an agriculturist. For about 30 years, the land in Village Sindhiagadh has been in the name of his grandmother Mayabai, over which there has been an ongoing dispute with Arjun Mongia. On 23/6/2023, the land was demarcated by the Patwari.

(3.) After the demarcation was completed and everyone had left, the complainant and Nathusingh were returning home. As they reached in front of Arjun Mongia's house, Kallibai, Arjun Mongia's wife, came out and started verbally abusing them with obscene language. At that time, Gaurishankar came with an iron rod, Arjun Singh with a stick, and Rakesh (present applicant) also arrived. Rakesh (present applicant) grabbed the complainant's uncle, Nathusingh, and Gaurishankar struck him on the head with the iron rod, causing a head injury and bleeding, and Nathusingh fell to the ground. When the complainant's father Narayan Singh intervened to save him, Arjun Singh hit him with a stick, causing a head injury with bleeding and a bruise near his right elbow. When the complainant's mother Laxmibai came to protect them, Rakesh (present applicant) assaulted her as well, resulting in bodily injuries. Due to the assault by the accused, the complainant's uncle Nathusingh died. Present at the scene were Ashok and Vishna Mongia, who witnessed the incident. Based on the complainant's report, alleged crime was registered aginst the accused. During investigation, the body of the deceased Nathusingh Mongia was examined, medical examinations of the injured were conducted, and the site plan of the incident was prepared. Statements of the complainant and witnesses were recorded, which revealed that the incident was committed by Arjun Mongia, Rakesh Mongia (present applicant), co-accused Gaurishankar Mongia, and Kallibai alias Ajudyabai.