Lalu Prasad vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is second application under Section 483 of BNSS filed by the applicant for grant of bail. His First bail application was dismissed as withdrawn vide order dated 29.10.2025 in M.Cr.C. No.47755/2025 with liberty to renew his prayer after statement of complainant.

The applicant has been arrested on 29.09.2025 in connection with Crime No.40/2020 registered at Police Station-Aswar District Bhind for offence punishable under Sections 309(6), 126(2), 3(5) of BNS and Section 11/13 MPDVPK Act.

According to the prosecution, the complainant Vivek Jatav reported at Police Station Aswar on 29.09.2025 that on 28.09.2025, at about 7:30 PM, he was travelling from his village Lotampura to Aswar on a motorcycle along with his sister Jyoti. When they reached near the Lotampura canal, three boys came from behind on a black Pulsar motorcycle without a number plate. They overtook and stopped the complainant’s motorcycle. One of the boys assaulted the complainant with a stick and a belt, while the other two boys forcibly snatched one gold mangalsutra, one gold bijasen, one gold Om symbol, and a pair of gold earrings from his sister Jyoti. After committing the offence, the accused persons fled towards Lahar–Aswar on the same black, numberless Pulsar motorcycle. On the basis of this report, an offence was registered, and the applicant was arrested by the police and sent to judicial custody.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has no direct or indirect connection with the alleged offence. The first information report (FIR) of the case was registered against an unknown person; the applicant's name is not mentioned in the FIR.--- The applicant has been in judicial custody since 29.09.2025, and the disposal of the case is likely to take time. No seizure action related to the case remains to be done from the applicant. It is further submitted that Court statement of the complainant (PW/1) has been recorded, wherein he has not stated against the applicant and has turned hostile. Learned counsel submits that the trial is likely to take a considerable time for its conclusion. The applicant is a permanent resident of District Bhind and there is no likelihood of his absconding or of tampering with the prosecution evidence or influencing the witnesses. The applicant undertakes to abide by all the terms and conditions that may be imposed by this Court. In view of the aforesaid facts and circumstances, learned counsel prays that this Court may be pleased to enlarge the applicant on bail.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary. Having regard to the facts and circumstances of the case and looking to the fact that the complainant has turned hostile, 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. 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 them 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.