Court Finds No Direct Involvement of Petitioner in Alleged Crime; Criticizes Addition of Charges Under Bharatiya Nagarik Suraksha Sanhita
In a significant ruling, the Madhya Pradesh High Court, Jabalpur bench, granted bail to Nasir, a tenant accused in a case involving altercations with the complainant party. The court found no direct involvement of Nasir in the alleged offenses, which were primarily committed by his family members. The judgment, delivered by Justice Ramkumar Choubey on January 14, 2026, highlighted the misuse of investigative powers by the State Investigation Agency.
The case, registered under FIR/Crime No.243/2025, involved several charges under the Bharatiya Nagarik Suraksha Sanhita, 2023, including Sections 329(4), 333, 296, 115(2), 351(3), 3(5), and controversially, 111(7). The court observed that the inclusion of Section 111(7), which pertains to "Organised Crime," was baseless, given the lack of evidence against Nasir. The court noted that Nasir's criminal antecedents, including 32 prior cases, were inappropriately used to justify the charges.
The prosecution alleged that Nasir's family, occupying the complainant's property as tenants, engaged in an altercation when asked to vacate. However, the investigation failed to establish Nasir's involvement. The court's scrutiny revealed the absence of incriminating material, prompting criticism of the investigative process.
Justice Choubey, while granting bail, emphasized the need for evidence-based charges, cautioning against implicating individuals without substantiated roles in alleged crimes. The decision mandates Nasir to comply with bail conditions, including a personal bond of Rs.5,000 and adherence to Section 480(3) of the BNSS.
The judgment underscores the judiciary's role in safeguarding against unwarranted criminal charges, ensuring the protection of individual rights amidst procedural missteps by investigative agencies.
Bottom Line:
Bail granted to the petitioner where no direct role was established in the alleged crime, and the addition of charges under Section 111(7) of Bharatiya Nagarik Suraksha Sanhita, 2023 was found to be a misuse of investigative powers.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 483, 329(4), 333, 296, 115(2), 351(3), 3(5), 111(7)
Nasir v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2840497
