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Judgment
17 paragraphs · 508 wordsRajendra Kumar Vani, J
This is the first application filed by the applicants, namely, Brajesh Rajak and Ranu @ Gokal Rajak under Section 483 of the BNSS, 2023 for grant of bail relating to Crime No.76 of 2025 registered at Police Station Garhakota, District Sagar (M.P.) for the offence under Sections 296(B), 115(2), 351(3), 118(1), 118(2), 3(5) of BNS, 2023.
It is submitted by the learned counsel for the present applicants that the present applicants were given a notice under Section 41 of Cr.P.C. and after filing of charge sheet, section 118(2) of BNS has been added and they have been arrested. They are in jail since 20.05.2026. The charge sheet has already been filed. The offence is triable by JMFC. It is further submitted that one another case is registered against the applicant but he has been falsely implicated in that case. Conclusion of trial will take time. They are ready and willing to abide by any condition which may be imposed by the Court. On the aforesaid grounds, learned counsel prays that the applicants be enlarged on bail.
Per contra, learned counsel for the State has vehemently opposed the bail application and prayed for its rejection.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by learned counsel for the parties as well as attending facts and circumstances of the case, this Court is inclined to release the applicants on bail but with stringent condition. Thus, without expressing any opinion of the merits of the case, the application is allowed. It is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety in the like amount each to the satisfaction of the trial Court/committal Court.
This order will remain operative subject to compliance of the following conditions by the applicants:-
i) The applicants will comply with all the terms and conditions of the bond executed by them;
ii) The applicants will cooperate in the investigation/trial, as the case may be;
iii) The applicants 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
iv) The applicants shall not commit an offence similar to the offence of which they are accused;
v) The applicants will not seek unnecessary adjournments during the trial;
vi ) The applicant shall mark his presence before the concerned Police Station once in every fortnight till conclusion of the trial.
vii) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
viii) If any of the aforesaid conditions is violated, then this order shall lose its effect automatically.
Copy of this order be sent to the trial Court concerned for compliance by the office of this Court.
Certified copy as per rules.
