Chhotu Golden @ Kesar Alam vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is second application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to FIR/Crime No.99/2026 registered at Police Station- Hanumantal District - Jabalpur for commission of offence punishable under Section 296(b),115(2), 109(2) r/w 3(5) of BNS, 2023. Applicant is in jail since 07.02.2026. His first application was dismissed as withdrawn vide order dated 31.03.2026 passed in M.Cr.C No. 13735/2026.

As per the prosecution story, on 07-02-2026 near about 11.30 PM, Mohd Asif along with his brother Mohsin were going somewhere, then one Musahid Khan's two wheeler vehicle dashed the Altaf, so Altaf had hit Musahid and when complainant Mohamad Asif and his brother Mohsin reached on spot then Altaf had assaulted the complainant with knife. After investigation, charge sheet was filed.

Learned counsel for the applicant has submitted that the applicant is behind bar since 07.02.2026. He is 27 years old. Charge sheet has already been filed. He has submitted that he has falsely been implicated in the case. He is innocent. Even as per prosecution the role attributed to the applicant is to the extent of 'marpeet'. No recovery and discovery is found from the applicant. Investigation is over and charge-sheet has been filed, therefore, no fruitful purpose would be served if he is kept behind the Bar. He is ready to abide all the conditions which will be imposed by the court. Trial of the case will take considerable time. Therefore, it is prayed that applicant may be released on bail.

On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant and submitted that applicant has 16 criminal antecedents and there is possibility that he will try to prejudice the trial and influence the witnesses, therefore, considering the role attributed to him and his criminal past, discretion may not be exercised and prayed for rejection of application.

I have considered the rival submissions of the parties and perused the case diary.

Considering the fact that now charge sheet is filed; he is behind the bar since 07.02.2026; considering the fact that no recovery or discovery has been found from the possession of applicant; the role attributed to the applicant is to the extent of 'Marpeet' only and trial will take its own time to conclude; it would be appropriate to consider case of the applicant, therefore, without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Therefore, the application is allowed .

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023. In addition to this, (1) He will not act in any manner which influence the proceedings of trial or influence any of the witnesses; (2) He will not indulge in any criminal activity by misusing the liberty granted by this order; (3) He shall remain present at the time of trial without any default; (4) He shall also mark his presence on every Thursday of the month before the concerned Police Station till the trial gets over; (5) He shall make himself available as and when required in trial; (6) He shall provide his current address and his functional mobile number to the concerned police station and concerned trial court; (7) He shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

If applicant is found involved in similar type of offence, it is open for the authorities to prefer application for cancellation of bail.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.