Madhya Pradesh High Court
Saras Jain vs The State Of Madhya Pradesh on 5 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:63768
1 MCRC-53461-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 5 th OF DECEMBER, 2025
MISC. CRIMINAL CASE No. 53461 of 2025
DANISH KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vasant Roland Daniel - Advocate for the applicant.
Shri Ramanuj Choubey - Panel Lawyer for the respondent/State.
WITH
MISC. CRIMINAL CASE No. 53451 of 2025
SARAS JAIN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Vasant Ronald Daniel - Advocate for the applicant.
Shri Ramanuj Choubey - Panel Lawyer for the respondent/State.
ORDER
This first application has been filed by the applicants under Section 482 of BNSS, 2023 for grant of anticipatory bail in relation to FIR/Crime No.308/2025 registered at Police Station Barela, District Jabalpur (MP) for commission of offence under Sections 308(6), 3(5) of BNS of 2023.
2. The prosecution story in brief is that the complainant Sarfaraz Khan had lodged a complaint on 24.04.2025 in Police Station Barela that he works as a car maker. On the said date, when he was in his shop and Arshad Khan Signature Not Verified Signed by: BHARTI GADGE Signing time: 08-12-2025 17:58:33 NEUTRAL CITATION NO. 2025:MPHC-JBP:63768 2 MCRC-53461-2025 was also in his shop. Then Sujal Jain got down from the car with his companions who were gagged. Sujal Jain's companions fired two rounds in the air from a pistol to intimidate him and Sujal Jain threatened to hit him with a baseball bat due to an old rivalry, due to which he got injured on the wrist of his left hand, then after this Sujal Jain fired again from the pistol due to which the bullet hit the shutter and there Arshad Khan, Chhota Shrippal and Saksham Bairagi saw the incident and intervened. Sujal Jain fired and fled with his companions in a grey coloured Baleno car. FIR was registered.
3. Learned counsel for the applicant has submitted that the offence under Section 308(6) of BNS is bailable and triable by magistrate and the provisions of Arms Act are not invoked in the present FIR, therefore, he prays for grant of anticipatory bail to the applicants.
4. On the other hand, learned counsel for the State has opposed grant of anticipatory bail and submitted that presence of the present applicants is found on the place of incident and their active participation is also found in the alleged offence and prays for rejection of the bail applications.
5. Considering the submissions made at the Bar that Section 308(6) of BNS is bailable and triable by magistrate, but considering that it is non bailable and maximum punishment provided is imprisonment for 10 years and also considering the submission that provisions of Arms Act are not invoked in the present FIR, matter requires consideration.
6. Section 308(6) of BNS reads thus:
"Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of Signature Not Verified Signed by: BHARTI GADGE Signing time: 08-12-2025 17:58:33 NEUTRAL CITATION NO. 2025:MPHC-JBP:63768 3 MCRC-53461-2025 having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
7. Therefore, having taken into consideration all the facts and circumstances of the case, but without expressing any opinion on the merit of the case, I am of the view that it is a fit case to grant pre-arrest bail to the applicant. Consequently, this first anticipatory bail application under Section 482 of BNSS, 2023 for grant of anticipatory bail filed on behalf of applicant, stands allowed.
8. It is directed that in the event of arrest applicants be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the Arresting Authority. At the stage of filing of charge-sheet by police, applicant shall furnish fresh bail bond of same amount before trial Court to its satisfaction subject to following conditions:-
(i) Applicants shall make themselves available for interrogation by a police officer as and when required;
(ii) Applicants are directed to join investigation, then and there.
(iii) Applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;Signature Not Verified Signed by: BHARTI GADGE Signing time: 08-12-2025 17:58:33
NEUTRAL CITATION NO. 2025:MPHC-JBP:63768 4 MCRC-53461-2025
(iv) Applicants shall surrender themselves before the Investigation Officer within seven days from today failing which this order shall become ineffective.
9. However, it is being made clear that in case of bail jump and in violation of any of conditions imposed herein above, this order shall become ineffective and Investigation Officer/Trial Court shall be at liberty to proceed against the applicants as per law.
Certified copy as per rules.
(SANDEEP N. BHATT) JUDGE b Signature Not Verified Signed by: BHARTI GADGE Signing time: 08-12-2025 17:58:33