Mohit Raghuvanshi vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the third application filed by the applicant under Section 483 of B.N.S.S. for grant of bail. The applicant has been arrested in connection with Crime No.478/2024 registered at Police Station - Sironj, District - Vidisha (M.P.) for the offence under Section 109(1), 118(1), 103, 3(5) of BNS, 2023 and sections 25 of Arms Act, 1959. Earlier two bail applications have been dismissed as withdrawn.

As per the prosecution case, the allegation against the present applicant is that he along with co-accused persons committed marpeet with the deceased by mean of knife. The deceased sustained fatal injuries and resultantly he died. Accordingly, offence has been registered against him.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated. He is in custody since 11.10.2024. There were three eye witnesses in the case and all the three have been examined.

PW-3/ Kalawati (wife of the deceased), PW-2- Keshav Baghel (Son of the deceased) and PW-1/ Vikram Baghel (Another son of the deceased) have been examined and they have not stated anything against the present applicant and have turned hostile. Investigation is over and charge-sheet has been filed. The aforesaid witnesses have stated that they were not present on the spot and they received the information of death of the deceased on phone. The applicant does not bear criminal or tainted background of the same nature. Applicant is the permanent resident of District - Vidisha (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence, if released on bail.

On the other hand, learned State counsel vehemently opposed the bail application and prayed for its rejection by submitting that in the FSL report, human blood has been found and an alleged video made during the course of the incident is to be recovered yet. He also cited one criminal antecedent of the applicant.

Heard learned counsel for the rival parties and perused the case diary. Considering the above submissions made by the counsel for the parties and looking to the 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) along with one solvent surety 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/her;

ii) The applicant will cooperate in the investigation /trial, as the case may be;

iii) The applicant will not indulge himself /herself 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 acts 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 offence of same nature is repeated, this bail order shall automatically stand cancelled;

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.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.