Aneesh Tomar And Others vs State Of Madhya Pradesh

Amit Seth, J

The applicants have filed this first application under Section 482 of the BNSS, 2023, seeking grant of anticipatory bail who apprehend their arrest in connection with Crime No.44/2025 registered at Police Station Endori, District Bhind (M.P.) for the commission of offence under Sections 126(2), 119 (1), 115 (2), 296, 351 (2), 324 (4), 3(5) of BNS.

Learned counsel for the applicants seeks permission to withdraw the present bail application in respect of Applicant No. 2, namely Sachin Tomar, on the ground that the application has been rendered infructuous, as he has already been granted regular bail by the Trial Court.

The prayer is allowed.

Accordingly, the present bail application stands dismissed as withdrawn in respect of Applicant No. 2, namely Sachin Tomar.

Now, the bail application is taken up for consideration in respect of Applicant No. 1, namely Aneesh Tomar.

The counsel appearing for the applicant submits that the applicant is only 18 years of age. Except for offence under Section 119(1) of BNS, all other offences are triable by Magistrate. He submits that the applicant has been falsely implicated in the case. In case, the applicant is arrested, his future may be ruined in the company of hardened criminals in the jail. He further submits that the applicant No.1 is having no criminal past. He is ready and willing to co-operate in the investigation and abide by all the terms and conditions as may be imposed by the Court. Accordingly, learned counsel prays for grant of anticipatory bail to the applicant.

On the other hand, learned counsel appearing for the State/respondent opposes the bail application and prays for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Taking into consideration the totality of facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed. It is directed that in the event of arrest, the applicant be released on anticipatory bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety in the like amount to the satisfaction of the Arresting/Investigating Officer.

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

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

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

iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;

vi) The applicant will not seek unnecessary adjournments during the trial;

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

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