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Judgment
8 paragraphs · 354 wordsVivek Jain, J
This is first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of applicant for grant of regular bail who is in custody since 17.05.2025 in connection with Crime No.79/2025,registered at Police Station Gulganj, District Chhatarpur under sections 103 and 238 of BNS, 2023.
It is argued that it is a case of circumstantial evidence and the deceased Sunil was stated to have reached the house of the present applicant who was uncle of the present applicant and Sunil was nephew of the present applicant. Later the dead body of Sunil was found dumped under a bridge and on suspicion the present applicant, his two sons Mahendra and Pravesh as well as his wife Kamalrani were roped in. It is argued that Kamalrani has already been bailed out while other son Mahendra has also been bailed out by the Court. It is argued that there is no difference between the role of present applicant and that of Mahendra because as per memorandum statement of Kamalrani as well as that of Mahendra who have been bailed out, it was Ram Pravesh who hit the deceased with block of stone and same has been stated by Mahendra Lodhi also in his memorandum statement, therefore, as Mahendra is bailed out, the present applicant is also entitled for similar treatment. More so he almost 72 years of age.
Per contra, application is vehemently opposed by counsel for State on the basis of material available in the case diary.
Considering the totality of facts and circumstances of the case, but without commenting anything on merits of the case the application is allowed. It is directed that the applicant be released on bail upon furnishing the personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) along with a surety of the like amount to the satisfaction of trial court for his regular appearance before the trial court during trial.
The applicant will abide by the conditions enumerated under Section 480(3) of the BNSS, 2023.
A copy of this order be forwarded to the trial court.
Accordingly, M.Cr.C. is allowed.