Ajay Rajak vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

The applicant has filed this First bail application under Section 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.276 of 2025 registered at Police Station Vishwavidyalaya, District Gwalior (M.P.) in relation to the offence punishable under Sections 333, 296, 115 (2), 351 (2) of BNS.

Allegation against the present applicant is that he went to the house of the complainant in the night and abused her and committed maarpeet with her.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in this case. Learned counsel for the applicant submits that section 333 of the BNS is a cognizable offense which pertains to house trespass after preparing to cause hurt, assault, or wrongful restraint, is also non-bailable, and except section 333 of BNS all other sections are bailable. He submits that the complainant had allowed the applicant to enter the house and the applicant had went there to have talks. The applicant had not gone with an intent and preparation to cause hurt or to assault the complaint, thus, the offence under section 333 of BNS is not made out. It is further submitted that the applicant is permanent resident of District Gwalior and there is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant undertakes to cooperate in investigation/trial and would not be a source of embarrassment and harassment in any manner to the complainant party side. The applicant is ready to abide by all the terms and condition as imposed by this Court. Under these grounds, learned counsel prayed for anticipatory bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and prayed for dismissal of the application.

Heard the counsel for the parties and perused the case diary. Considering the above submissions and facts situation of the case, without expressing any opinion on the merits of the case, this Court intends to allow the application, therefore, it is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of Arresting Authority/Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/ trial, as the case may be;

The applicant will not indulge herself/himself in extending 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 the Police Officer, as the case may be.

The applicant shall not commit any offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial;

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

The applicant would not involve in any criminal activity in future otherwise, benefit of bail shall immediately be withdrawn.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.