Madhya Pradesh High Court
Prem Rajwani vs The State Of Madhya Pradesh on 3 April, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:8881
1 MCRC-12536-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 3 rd OF APRIL, 2025
MISC. CRIMINAL CASE No. 12536 of 2025
PREM RAJWANI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Dharmendra Chelawat advocate for the applicant.
Shri Santosh Singh Thakur public prosecutor for State.
Shri Jitendra Mandloi advocate for objector.
ORDER
This first application has been filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with FIR at Crime No. 3/2025 registered at Police Station - Jeevajiganj District Ujjain (M.P.) for offence punishable under Sections 109,119(1), 118(1), 296, 3(5) and 238 of Bharatiya Nyaya Sanhita, 2023. Applicant is in judicial custody since 03.01.2025.
Learned counsel for the applicant submits that applicant is falsely implicated in this matter. Minor altercation and scuffle is given colour of extortion and attempt to murder. No offence, as alleged, is committed by the applicant. The applicant is in custody since 03.01.2025. He is in custody ever since. Relevant seizures have been made. Further custodial interrogation of applicant is not needed in the matter. On completion of investigation, final Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 03-04-2025 19:03:11 NEUTRAL CITATION NO. 2025:MPHC-IND:8881 2 MCRC-12536-2025 report was submitted. The trial would take time to conclude. Therefore, the applicant may extended benefit of bail.
Per contra, learned counsel for the respondent/State opposes the bail application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.
Learned counsel for objector pleads no objection in extending benefit of bail to the applicant.
Heard the arguments, perused the grounds for grant of bail stated in the application and the case diary.
Allegedly, the applicant assaulted Hemant by knife on his abdomen after altercation over demand of money to consume liquor. Hemant had sustained incised wound on abdomen which was opined to be life threatening. The veracity of the prosecution and nature of injury will be determined after evidence in the trial. As informed, the applicant is aged 18 years and pursuing his studies. He is still dependent on his family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant or repeating the offence. The trial would take time to conclude. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.
Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 03-04-2025 19:03:11NEUTRAL CITATION NO. 2025:MPHC-IND:8881 3 MCRC-12536-2025 Considering the rival contentions and overall circumstances of the case, in the light of aforesaid facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, present application is allowed.
Accordingly, it is directed that applicant -Prem Rajwani shall be released on bail in connection with the crime as stated in para-1 of this order, upon furnishing personal bond and surety bond of amount, as may be considered appropriate by the Trial Court for compliance with conditions, as may be imposed by such Court under Section 437(3) of Cr.P.C. 1973/ Section 480(3) of BNSS, 2023, to secure presence of the applicants for the trial.
This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the Trial Court may consider, on merit, cancellation of bail without any impediment of this order.
The concerned Court shall get the conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR) JUDGE BDJ Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 03-04-2025 19:03:11