Arun And Others vs State Of Madhya Pradesh

Ramkumar Choubey, J

This is first bail application filed by the applicants under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.42/2026 registered at Police Station Makhan Nagar, District Narmadapuram (M.P.), for the offence punishable under Sections 296(B), 115(2), 351(3), 109(1) and 3(5) of B.N.S. 2023. Applicants are in custody since 26.01.2026.

Learned counsel for the applicants sanguinely submits that applicants are innocent and have been fallaciously roped in the crime. He further submits that the role of the applicants as ascribed by the prosecution is limited to beating the complainant by fists and kicks. It is also submitted that section 109(1) of BNS was added at the time of filing of charge sheet. There is no criminal antecedents. The applicants are in jail since 26.01.2026 and charge-sheet has already been filed. On these premise, he prays that applicants may be released on regular bail.

In contrast, learned counsel for the respondent/State opposed the bail application.

Considering the overall facts and circumstances of the case, particularly looking to the role assigned to the applicants in the crime, but without expressing any view on merits, this Court is inclined to grant bail to the applicants. Accordingly, this application is allowed. It is directed that the applicants Arun and Omprakash shall be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) each with one surety in the like amount each to the satisfaction of the trial Court concerned for their appearance before the said Court on all such dates as may be fixed during the pendency of trial.

It is further directed that the applicants shall comply with the provisions of Section 480(3) of the BNSS.

Accordingly, this M.Cr.C. stands disposed of.