Mohammad Sahil vs State Of Madhya Pradesh And Others

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. 25/2026 registered at Police Station - GRP Ratlam District -Ratlam for the offence punishable under Sections 115(2), 191(1), 296(a), 3(5), 351(2), 74 and 75(2) of BNS and 7/8 of POCSO Act. Applicant is in detention since 08.02.2026.

As per prosecution story, while the complainant was travelling in Demo train with his family for immersion of ashes at Ujjain, the accused passed inappropriate comments and tried to outrage the modesty of his daughter. When, the complainant alongwith other family members objected to, the applicant alongwith other co-accused persons indulged into physical altercation(marpeet) with them. Accordingly, FIR was registered against the applicant.

The counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the case. Applicant is aged around 42 years. The applicant is behind the bar since 08.02.2026. On completion of investigation, chargsheet is filed. It is alleged that applicant and other co-accused persons have physically assaulted the complainant party. However, as per MLC of the injured persons, they have sustained minor injuries. No grievous injury was sustained by them. The only allegation against the applicant is that he had indulged into physical assault with the complainant party. Trial will take considerable time to conclude, therefore, the applicant be released on bail.

Learned counsel for the State submits that looking to the material available on record, prima facie, involvement of the applicant in the crime in question is made out. Therefore, taking into consideration, the seriousness of the offence and other factors, no discretion should be exercised in favour of the applicant.

I have considered the rival submissions made at the Bar.

Considering the fact that applicant was arrested on 08.02.2026 and now the chargsheet has been filed and the material available on record and the nature of allegation which pertains to physical altercation(marpeet) to the complainant and his family members due to a dispute arisen out of passing of inappropriate comments to the minor daughter of complainant, so also considering the principle 'bail is the rule, jail is the 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) 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. 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 make himself available as and when required in trial;(5) He shall abide by the conditions enumerated under 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.