Mahendra Singh vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the first application filed by the applicant under Section 439 of Cr.P.C./483 of BNSS for grant of bail. The applicant has been arrested on 18.12.2025 in connection with Crime No.142/2017 registered at Police Station - Bhatpachlana, District Ujjain (M.P.) for the offence under Sections 25 of the Arms Act 1959.

Learned counsel for the applicant submits that it is a case of bail jump. Applicant is innocent and has been falsely implicated in this case. The applicant was earlier enlarged on bail by the Trial Court itself. However, he could not appear before the Trial Court 05.06.2017 due to which arrest warrant was issued against the applicant and he surrendered himself before the trial Court on 26.12.2017. The case was fixed for recording statement of prosecution witnesses on 20.06.2022, and since the applicant remained absent on that date, arrest warrant was issued and thereafter, Trial Court issued permanent arrest warrant against him on 07.02.2025, in compliance thereof, applicant surrendered before the Trial Court on 18.12.2025.

Counsel for the petitioner argued that present applicant is labourer and went to outside for his work as labour. Therefore, he could not appear before the Trial Court. The mistake of applicant is bonafide. The applicant has not misused the liberty granted under the first bail application. He is ready and willing to abide by all the terms and conditions which may be imposed by this Court. The trial will take time to conclude. Under these grounds, counsel prays for grant of bail to the applicant.

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

Heard learned counsel for the parties and perused the case diary.

Considering the above submissions made by the counsel for the parties and looking to the overall facts and circumstances of the case, but 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 a solvent surety each in the like amount to the satisfaction of the trial Court/committal Court.

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

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

ii) The applicant will cooperate in the investigation/trial, as the case may be; iii ) 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

v) The applicant will not seek unnecessary adjournments during the trial;

and

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

vii) It is made clear that if the applicant fails to appear before the trial court and is if further jumps the bail, then this bail application shall stand automatically cancelled without further reference to this Bench.

The Trial Court shall, at per its discretion, forfeit the amount of the earlier bail bonds.

It is made clear that in case of bail jump, this order shall automatically stand cancelled.

Copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.