Kamal Singh vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 16.12.2025 by Police Station- Kotwali, District Ashoknagar in connection with Crime No.678/2025, registered in relation to the offence punishable under Sections 109(1), 190, 191(1), 191(2), 296(b) of BNS.

As per prosecution case, the complainant, Anil Agrawal, while admitted in an injured condition in the surgical ward of the District Hospital, submitted a report stating that on 15.12.2025 at about 04:45 PM, he was returning home from the court on his motorcycle. Mangilal Sarvaiya, Advocate, was also riding his own motorcycle alongside him. When the complainant reached Pooja Petrol Pump to refuel his motorcycle, due to an old rivalry, Pradeep Sardar, along with 5–6 companions, arrived carrying wooden sticks, acting with a common intention, and began hurling obscene abuses. When the complainant objected to and refused to tolerate the abuses, Pradeep Sardar and his companions assaulted him with wooden sticks with the intent to kill. As a result, the complainant sustained blunt injuries on his forehead (front), right leg calf, right hand elbow, right hand palm, below the left knee, below the left elbow, and on various other parts of his body. The incident was witnessed by Mangilal Sarvaiya, Advocate, and the employees working at the petrol pump. Based on this report, crime was registered against accused persons.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. It is further submitted that the trial will take time for its conclusion. The applicant is permanent resident of District Ashoknagar 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. It is further submitted that co-accused Bijendra Singh has already been granted bail by this Court vide order dated 03.02.2026 passed in M.Cr.C. No.4102/2026 and the case of the present applicant is similar to that of co-accused. Hence, prayer for grant of bail is made out on the ground of parity also.

Learned counsel for the State does not dispute the factum of parity with the co-accused.

Considering the overall facts and circumstances of the case, nature of allegations and looking to the ground of parity with the co-accused, 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.