Hitesh And Others vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

Learned Counsel for the applicants prays for withdrawal of the application filed by the applicant No.1/Hitesh and applicant No.2/Nilesh.

Prayer is allowed.

Accordingly, present application filed by the applicant No.1/Hitesh and applicant No.2/Nilesh stands dismissed as withdrawn.

This is the first application filed by the applicants No. 3 and 4 under Section 482 of B.N.S.S. for grant of anticipatory bail who are apprehending their arrest in connection with Crime No.216/2025 registered at Police Station - Lalbagh, District Burhanpur (M.P.) for the offences punishable under Sections 74, 75(2), 78(2), 296, 115(2), 351(3), 126(2), 3(5) of BNSS.

According to the case of the prosecution, an FIR was lodged by the prosecutrix on 20.08.2025, stating that she is working as an artist. On 19.08.2025, at about 10:00 p.m., she was travelling with her cousin, Mohit Khatri, to Tulsi Mall, when the present applicants followed them. It is alleged that one of the other co-accused touched the hand of the prosecutrix and used abusive language. It is further alleged that the applicants also threatened the prosecutrix and Mohit with dire consequences if they lodged any complaint, and additionally, they damaged their car.

Learned counsel for the applicants submits that applicant Nos. 3 and 4 are innocent and have been falsely implicated in the present case. It is submitted that there is no allegation against applicant Nos. 3 and 4 pertains to outraging the modesty of the prosecutrix. A counter case bearing Crime No. 213/2025 has also been registered against the opposite party, in which the accused party has sustained injuries. It is further submitted that there is no necessity for custodial interrogation of the applicants. Therefore, it is prayed that applicant Nos. 3 and 4 may be granted the benefit of anticipatory bail.

On the other hand, learned counsel for State has opposed the prayer for grant of anticipatory bail and prayed for it's rejection.

Looking to the facts and circumstances of the case and without commenting on the merits of the case, anticipatory bail application filed by t h e applicant No.3/Naveen and applicant No.4/Nitin are allowed. It is directed that if the applicant No.3 and 4 are arrested by the police, then they shall be released on bail on them furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant No.3 and 4 shall abide by the following conditions under Section 482(2) of B.N.S.S.:-

(a) Applicant No.3 and 4 shall make himself available for interrogation by a Police Officer as and when required;

(b) They shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) They shall not leave India without the previous permission of the Court;

(d) They shall not commit similar offence, of which, he is accused or suspected.

(e) They will further abide by the conditions enumerated in Sub¬section (3) of Section 480 of the B.N.S.S.

Certified copy as per rules.