Jigar Rathore vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is second bail application under Section 483 of BNSS filed by the applicant for grant of bail. First application was dismissed as withdrawn on 21.8.2025 passed in M.Cr.C.No.33834 of 2025 with liberty to file afresh after recording of the material witnesses.

The applicant has been arrested on 3.6.2025 by Police Station- Hazira, District Gwalior in connection with Crime No.217/2025, registered in relation to the offence punishable under Section 109, 3 (5), 103 (1) of BNS and section 25/27 of Arms Act.

Allegation against the present applicant is that he along-with other co-accused has assaulted the complainant party by means of a fire arm, due to which one Anil Maheshwari had sustained grievous fire arm injuries and he later succumbed during treatment.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. He further submitted that eye-witnesses Nandlal Verma (PW.2), Dharmendra Verma (PW.3), Ramveer Singh Kirar (PW.4) and Mukesh Singh Rajput (PW.5) has been examined during trial and in their Court statement, they have turned hostile and had not supported the case of the prosecution. Trial will take time for its conclusion. The applicant is permanent resident of District Gwalior and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Considering the overall facts and circumstances of the case, nature of allegations and looking to the Court statement of the eye-witnesses as they turned hostile and not supported the case of the prosecution, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.