Lakhan vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to Crime No.367/2025 registered at Police Station - Khilchipur, District Rajgarh (M.P.) for commission of offence punishable under Sections 305, 331(4), 111(1) of BNS, 2023. The applicant is in custody since 26.09.2025.

The allegation against the applicant is of committing theft of auto parts kept in the shop of complainant Mahesh Vishwakarma.

Learned counsel for the applicant submits that the charge sheet has already been filed. He further submits that though there are 16 criminal antecedents against the applicant but most of them are of similar nature and registered before same police station. The trial has commenced but it will take some time to conclude. Applicant is behind the bar since 26.09.2025 and his application may be considered by imposing strict conditions.

On the other hand, learned counsel for the State has opposed the prayer by submitting that there are 16 criminal antecedents against the applicant and he is a habitual offender.

Heard the submissions and perused the case diary.

Having considered the rival submissions made at bar and also considering the fact that applicant is behind the bars since 26.09.2025, though there are several criminal antecedents but each case is required to be considered separately, the trial has commenced but it will take some more time to conclude as well as the principle 'bail is the rule, jail is the exception' and also the provisions of Article 21 of the Constitution of India, without expressing any view on the merits of the case, I deem it appropriate to release the applicant on bail. Therefore, the application is allowed.

It is directed that the applicant shall be released on bail, if he is not required to undergo imprisonment in any other offence, 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, the applicant shall also mark his presence on every Tuesday before the concerned Police Station, till conclusion of trial. The applicant shall also abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

The applicant shall comply with the provisions of 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.