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Madhya Pradesh High Court

Aniket vs The State Of Madhya Pradesh on 25 April, 2025

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

         NEUTRAL CITATION NO. 2025:MPHC-IND:11053




                                                              1                           MCRC-15976-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                   ON THE 25th OF APRIL, 2025
                                            MISC. CRIMINAL CASE No. 15976 of 2025
                                                          ANIKET
                                                           Versus
                                               THE STATE OF MADHYA PRADESH
                           Appearance:
                                   Shri Manish Yadav, Advocate for the applicant.
                                   Shri Rajesh Joshi, Govt. Advocate for the respondent/State.

                                                                  ORDER

This second 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.03/2025 registered at Police Station - Jivaji Ganj, District Ujjain, (M.P.) for offence punishable under Sections 109, 119(1), 118(1), 296, 238 and 3(5) of Bharatiya Nyaya Sanhita, 2023. Applicant is in judicial custody since 18.01.2025. His first application for temporary bail has been allowed vide order dated 27.02.2025, passed in M.Cr.C. No.9655 of 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 was arrested on 18.01.2025. 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 report was submitted.

NEUTRAL CITATION NO. 2025:MPHC-IND:11053 2 MCRC-15976-2025 The trial would take time to conclude. In similarly situated, co-accused Prem Rajwani has been extended benefit of bail by this Court vide order 03.04.2025, passed in M.Cr.C. No.12536 of 2025. Therefore, the applicant may be extended benefit of bail.

Per contra, learned counsel for the respondent/State opposes the bail application on the ground of gravity of alleged offence and cites criminal antecedent of one case against the applicant as per the list enclosed on the case diary.

In reply, learned counsel for the applicant submits that the other matter is pending for trial. The applicant has never been convicted.

Heard the arguments, perused the grounds for grant of bail stated in the application and the case diary.

Allegedly, the applicant assaulted Umang by knife after altercation over demand of money to consume liquor. Umang had not sustained any injury only his jacket was cut. The veracity of the prosecution will be determined after evidence in the trial. As informed, the applicant is aged 21 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 substantial criminal past and previous conviction for any major offence, 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.

NEUTRAL CITATION NO. 2025:MPHC-IND:11053 3 MCRC-15976-2025 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 - Aniket S/o Anil 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 pn Signature Not Verified Signed by: PREETHA NAIR Signing time: 25-04-2025 19:48:52