Pawan And Others vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the first application filed on behalf of the applicants under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail apprehending their arrest in relation to Crime No.313/2025 at Police Station Civil Lines, District Harda (M.P.) for the offence punishable under Section 115(2), 118(2), 296, 3(5), 351(2) of B.N.S.

As per the prosecution story, the allegation against the applicants is that they alongwith co-accused persons abused and beaten the complainant by slaps and fists due to which she sustained injuries. Therefore, the offence has been registered against the applicants under aforesaid offences.

Learned counsel for the applicant submits that applicants are innocent and have been falsely implicated in the present case. It is submitted that the applicants are not the main accused. Main accused is Kashiram. The allegation against the applicants is that they have caused injury to the injured persons by slaps and fists. It is further submitted that there was dispute between the family of applicants and complainant because the son of complainant took the daughter of applicant No.2. Now the dispute has been settled as the marriage between the daughter of applicant No.2 and son of complainant has been solemnized. In this regard, the complainant has stated before the Trial Court that the dispute between them has been settled and she has no objection if bail is granted to the applicants. There is no criminal antecedents of the applicants. The conclusion of trial will take considerable time. Therefore, it has been prayed that the applicants may be granted benefit of anticipatory bail.

On the other hand, learned counsel for State has opposed the grant of anticipatory bail to the applicants and prayed for it's rejection.

Looking to the facts and circumstances of the case, without commenting anything on the merits of the case, the anticipatory bail application filed by the applicants is allowed. It is directed that if the applicants are arrested by the police then they shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicants shall abide by the following conditions under Section 480 (2) of Cr.P.C:-

(a) Applicants shall make themselves available for interrogation by a Police Officer as and when required;

(b) They shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) They shall not leave India without the previous permission of the Court;

(d) They shall not commit similar offence, of which, they are accused or suspected.

(e) They will further abide by the condition enumerated in sub-section (3) of Section 480 of the Cr.P.C. Certified copy as per rules.