Manish Birha vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is second application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to FIR/Crime No.780/2025 registered at Police Station- Ranjhi, District - Jabalpur for commission of offence punishable under Section 309(4),3(5) of BNS, 2023. Applicant is in jail since 18.11.2025. His first application was dismissed as withdrawn vide order dated 06.02.2026 passed in M.Cr.C No. 4855/2026.

As per the prosecution story, it is alleged the applicant snatched the chain and earrings of complainant. After investigation, charge sheet was filed.

Learned counsel for the applicant has submitted that the applicant is behind bar since 18.11.2025. He is 37 years old. Charge sheet has already been filed. He has submitted that although applicant is identified in T.I.P but the articles which are seized towards the alleged loot, have not been identified by the complainant. He also submits that he has no criminal antecedents and on the same day one another similar case has been registered against him by the police. Investigation is over and charge-sheet has been filed, therefore, no fruitful purpose would be served if he is kept behind the Bar. He is ready to abide all the conditions which will be imposed by the court. Trial of the case will take considerable time. Therefore, it is prayed that applicant may be released on bail.

On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant and submitted that applicant was identified in the CCTV footage as well as in the TIP parade by the complainant. He further submitted that considering the modus operandi of the present applicant and considering the seriousness of the offence and looking to the nature of offence, discretion may not be exercised and prayed for rejection of application.

I have considered the rival submissions of the parties and perused the case diary.

Considering the fact that now charge sheet is filed; applicant has no criminal antecedents except one which was registered on the same day; he is being Bar since 18.11.2026 and trial will take its own time to conclude; it would be appropriate to consider case of the applicant, therefore, 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 in 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. He shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023. In addition to this, (1) He will not act in any manner which influence the proceedings of trial or influence any of the witnesses; (2) He will not indulge in any criminal activity by misusing the liberty granted by this order; (3) He shall remain present at the time of trial without any default; (4) He shall also mark his presence on every First and Third Monday of the month before the concerned Police Station till the trial gets over; (5) He shall make himself available as and when required in trial; (6) He shall provide his current address and his functional mobile number to the concerned police station and concerned trial court; (7) He shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

If applicant is found involved in similar type of offence, it is open for the authorities to prefer application 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.