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Judgment
15 paragraphs · 493 wordsMilind Ramesh Phadke, J
This is second bail application under Section 483 of BNSS filed by the applicant for grant of bail. Earlier application was dismissed as withdrawn vide order dated 14.1.2026 passed in M.Cr.C.No.710 of 2026 with a liberty to file afresh filing of challan.
The applicant has been arrested on 4.12.2025 by Police Station-Morar, District Gwalior in connection with Crime No.517/2025, registered in relation to the offence punishable under Sections 296 (B), 115 (2), 351 (2), 109 read with section 3 (5) of BNS, 2023 and sections 25/27 of Arms Act. Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. Learned counsel submits that the role attributed to the present applicant is identical to that of the co-accused, namely Kapil Yadav and Aman Yadav, who have already been granted bail by this Court in M.Cr.C. Nos. 58244 of 2025 and 59319 of 2025 vide order dated 17.12.2025 and 12.1.2026 respectively. On the ground of parity, the present applicant is also entitled to the benefit of bail.
On the other hand, learned counsel for the State does not dispute the factum of parity as canvassed by learned counsel for the applicant.
Heard counsel for the parties and perused the case diary.
Considering the overall facts and circumstances of the case, nature of allegations and particularly the ground of parity with co-accused, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on 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/committal Court for his appearance on the dates given by the concerned Court.
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 themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;
The applicant will not seek unnecessary adjournments during the trial; and
The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
