Amir Khan vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.56/2026 registered at Police Station -Sarangpur, District Rajgarh(M.P.) for the offences punishable under Sections 303(2) and 317(2) of B.N.S, 2023. Applicant is in detention since 27.01.2026.

The allegation against the applicant is of theft of cable of mobile tower alongwith other co-accused. Accordingly, FIR was registered against the applicant and the co-accused.

Learned counsel for the applicant submits that the applicant is behind bar since 27.01.2026. Applicant is aged about 24 years. The chargsheet has already been filed. The articles of theft have been recovered from co-accused. He further submits that there is no specific role attributed to the present applicant. No recovery of any of the material is found from the present applicant. Considering the fact that the trial would take time to conclude, his application may be considered. It is further submitted that he will abide by all the conditions imposed by the Court, it is prayed discretion may be exercised and applicant may be released on bail, pending the trial.

Learned counsel for the State has opposed the prayer for grant of bail by stating that looking to the seriousness of offence whereby theft of cable of mobile tower has been committed and there is also recovery from co-accused person and the present applicant was his associate and also looking to the criminal antecedents of the applicant, which is 08 in number and out of which 03 are of similar nature, as mentioned in the case diary, no case is made out to consider the application for grant of bail and, therefore, he prays for rejection this bail application.

I have considered the rival submission made at the Bar and perused the case diary.

Considering the fact that the applicant is aged about 24 years, the role attributed to the present applicant and his involvement in the present offence, on perusal of the case diary coupled with the fact that he is behind the bar since 27.01.2026, the trial will take considerable time to conclude as well as considering the principle 'bail is the rule, jail is an exception' as well as Article 21 of the Constitution of India, but without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Therefore, the application is allowed, however on certain stringent conditions looking to the criminal antecedents of the applicant.

Accordingly, it is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. In addition to this, (i) he shall also mark his presence on every Tuesday of the month before the concerned Police Station, till conclusion of trial; (ii) he shall not influence the proceedings of trial ;(iii) he shall make himself available as and when required in trial; (iv) he shall not involve himself in any criminal activity otherwise prosecution shall be at liberty to move application for cancellation of bail and this order shall stand automatically cancelled and police and trial Court shall be at liberty to commit him in jail and; (v) he shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

He shall strictly follow all above mentioned conditions. He shall not violate any of the conditions otherwise it will be open for the prosecution to pray for cancellation of bail.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.