Gaurav @ Anish Sonkar vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.46/2026 registered at Police Station - Omti, District Bargi for offences punishable under Section 296A,119(1),115(2),351(3),119(2),3(5) of BNS, 2023. Applicant is in detention since 23.02.2026.

As per prosecution story, on 16.01.2026, the present applicant ,along with other co-accused persons, assaulted the injured person and demanded Rs 1,000 for the consumption of alcohol. F.I.R was registered. After investigation charge sheet has been filed.

The counsel for the applicant submits that applicant is behind bar since 23.02.2026. Applicant is 22 years old young boy. The role attributed to the applicant is that he assaulted injured by kicks and fists. He has falsely been implicated in the offence as he is younger brother of the main accused who is said to have caused injury. Charge sheet has already been filed and trial of the case will take its own time, therefore, applicant be released on bail.

Per contra, counsel for the State has strongly opposed the prayer for bail and has submitted that applicant has criminal antecedents of 5 criminal antecedents and looking to the injury caused to the complainant, the applicant has played active participation. Looking to the seriousness of the offence, the court should not exercise discretion in favour of the applicant.

Heard the submissions made at the bar and perused the case diary.

Considering the age of the applicant i.e 22 years old young boy; the fact that charge sheet has already been filed; looking to the role attributed to the applicant to the extent of giving kicks and fists blows to the injured and considering the fact that the main accused is his elder brother, the matter requires consideration, therefore, without expressing any view on the merits of the case, I deem it a fit case to release the applicant, however, considering the age of the applicant 22 years, as in such a young age criminal mind set has developed, some stringent conditions are required to be imposed. Accordingly, the application is allowed.

It is directed that the applicant shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial. In addition to this, (1) he shall also mark his presence on every Tuesday of every month before the concerned Police Station; (2) he shall not influence the proceedings of trial ;(3) he shall make himself available as and when required in trial; (4) he shall not involve himself in any criminal activity otherwise prosecution shall be at liberty to move application for cancellation of bail and this order shall stand automatically cancelled and police and trial Court shall be at liberty to commit him in jail and; (5) he shall abide the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

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.