The Madhya Pradesh High Court has granted bail to a Khandwa resident accused in a criminal case arising out of a landlord-tenant dispute, strongly criticising the police for invoking serious provisions without sufficient material. The court observed that the investigating agency had misused its powers by adding charges related to organised crime despite the absence of evidence.
Background of the Case
The case pertains to Crime No. 243/2025 registered at Moghat Road Police Station, Khandwa. The complainant alleged that a dispute arose after the tenant, Nasir, and his family did not vacate the rented house.
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According to the prosecution, on July 30, 2025, an altercation took place when the applicant’s wife and son allegedly entered the complainant’s house, abused them, and slapped them. Based on this incident, multiple offences under the Bharatiya Nyaya Sanhita (BNS) were registered.
Nasir was arrested on November 16, 2025, and later booked under Sections 329(4), 333, 296, 115(2), 351(3), 3(5) and additionally under Section 111(7) of the BNS, which deals with organised crime.
He approached the High Court seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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Court’s Observations
During the hearing, Justice Ramkumar Choubey closely examined the material placed on record. The Court noted that the main incident involved a quarrel between family members of the accused and the complainant, and not the applicant himself.
The bench pointed out that the prosecution failed to show any direct role of Nasir in the alleged offence.
“The court was not shown any incriminating material to justify the application of Section 111(7) of BNS,” the judge observed.
While the prosecution highlighted that the applicant had as many as 32 criminal cases in the past, the Court made it clear that past conduct alone cannot justify adding serious charges without supporting evidence.
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The Court further remarked,
“A person having a criminal past must be dealt with strictly, but not by falsely implicating him in a case where no role is attributed to him.”
The judge termed the inclusion of the organised crime provision as a “sheer misuse of power” by the investigating agency.
Court’s Decision
Taking note of the facts and the lack of evidence against the applicant, the High Court allowed the bail application.
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The Court directed that:
- Nasir shall be released on bail upon furnishing a personal bond of ₹5,000
- One surety of the same amount must be provided
- He must appear before the trial court on all dates fixed
- He must comply with the conditions under Section 480(3) of BNSS
The Court clarified that it was granting bail without commenting on the merits of the case.
With these directions, the bail application was disposed of.
Case Title: Nasir v. State of Madhya Pradesh
Case No.: M.Cr.C. No. 59509 of 2025
Decision Date: January 14, 2026
