Mahaveer vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No. 12/2026 registered at Police Station - Rajgarh District Rajgarh for the offences punishable under Sections 310(4), 310(5), 212 of B.N.S, 2023 and Section 25 of Arms Act. Applicant is in detention since 07.01.2026.

The allegation against the applicant is of assembling and planning for dacoity. Accordingly, FIR was registered against the applicant.

Learned counsel for the applicant submits that the applicant is behind bar since 07.01.2026. Applicant is aged about 28 years. The charge-sheet has already been filed. No offence has been committed by the applicant. Considering the fact that the trial would take time to conclude and as the applicant is behind bar for last more than three months, his application may be considered. It is further submitted that he will abide by all the conditions imposed by the Court, it is prayed discretion may be exercised and applicant may be released on bail, pending the trial.

Learned counsel for the State has opposed the prayer for grant of bail by stating that the applicant and other accused were found planning for dacoity and caught red-handed. Though no such incident happened but certain weapons were also recovered from the possession of the applicant and other accused persons. Learned counsel further submits that applicant has 10 criminal antecedents, as mentioned in the case diary. Considering the seriousness of offence he prays for rejection of this bail application.

I have considered the rival submission made at the Bar and perused the case diary.

Considering the age of the applicant, his involvement in the present offence and the fact that he is behind the bar since last more than three months, the charge-sheet is filed, trial would take time to conclude and the totality of facts and circumstances of the case, bail is the rule, jail is an exception' as well as Article 21 of the Constitution of India, but without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Therefore, the application is allowed.

It is directed that applicant be released on bail on his 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, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. In addition to this, (i) he shall also mark his presence on 1 st and 16th day of every month before the concerned Police Station, till conclusion of trial; (ii) he shall not influence the proceedings of trial ;(iii) he shall make himself available as and when required in trial; (iv) he shall not involve himself in any criminal activity otherwise prosecution shall be at liberty to move application for cancellation of bail and this order shall stand automatically cancelled and police and trial Court shall be at liberty to commit him in jail and; (v) he shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

He shall strictly follow all above mentioned conditions. He shall not violate any of the conditions otherwise it will be open for the prosecution to pray for cancellation of bail.

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.