Court orders release of Shaligram @ Chote Sarkar on bail, emphasizing no mini-trial at bail stage and noting allegations of political vendetta and false implication.
In a significant decision dated September 10, 2026, the Madhya Pradesh High Court, Jabalpur Bench, presided over by Mr. Justice Ajay Kumar Nirankari, granted bail to Shaligram @ Chote Sarkar, who was accused in a case involving instigation to assault and an alleged firearm discharge causing injury to the victim. The accused was lodged in jail since July 15, 2026, in connection with Crime No. 184/2026 registered at Police Station Raghurajnagar, District Chhattarpur.
The charges against the applicant were under Sections 109(1), 296(B), 351(3), and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS), along with Sections 25 and 27 of the Arms Act. According to the prosecution, the applicant and co-accused intercepted the victim, Motilal Kushwaha, near a school, verbally abused him, and instigated others to assault him with wooden sticks. The prosecution further alleged that a gunshot was fired at the victim causing a bullet injury to his stomach, thereby implicating the accused in an attempt to commit murder.
The defense argued vehemently that the accused was falsely implicated due to political pressure and longstanding enmity, citing the applicant's relation to a renowned saint as a factor for targeted maligning. It was contended that on the day of the incident, the complainant and other villagers had assaulted the applicant and co-accused, resulting in injuries to them. Despite lodging a complaint against the complainant, no FIR was registered. The defense claimed the present FIR was a retaliatory measure to suppress their complaint and to damage the reputation of the applicant's family. Video footage allegedly recorded by villagers was cited as evidence supporting the defense version.
The State opposed bail, highlighting the gravity of the allegations, particularly the use of firearm and resulting injury to the victim, which prima facie indicated an attempt on the victim's life.
Justice Nirankari observed that at the bail stage, a detailed examination of evidence or a mini-trial was unnecessary. While noting the serious nature of the allegations, the Court took into account the overall facts and circumstances, including the defense's assertions of false implication and political vendetta. Without expressing any opinion on the merits of the case, the Court held that the applicant deserved bail.
The Court ordered that Shaligram be released on bail upon furnishing a personal bond of Rs. 50,000 with one solvent local surety of the same amount. The applicant was further directed to comply with the provisions of Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 during the bail period.
This ruling underscores the judiciary's careful balancing of individual liberty and investigation integrity, particularly in cases entangled with alleged political motivations.
Bottom Line:
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 - Applicant accused of instigating co-accused to assault victim and alleged use of firearm - Court granted bail considering overall facts and circumstances without expressing opinion on merits of the case.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 109(1), 296(B), 351(3), 3(5), 480(3), 483; Arms Act Sections 25, 27
