Pradhansingh vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is 5th 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. 589/2024 registered at Police Station - Agar, District Agar Malwa for the offences punishable under Sections 126(2), 109(1), 115(2), 118(1), 191(2), 191(3), 190, 296, 61(2), 118(2) of the B.N.S, 2023 and Section 25(1-b)(b) of the Arms Act. Applicant is in detention since 13/01/2025 His second and fourth bail applications were dismissed on merits

Learned counsel for the applicant submits that the applicant is behind bar since 13/01/2025 Applicant is aged about 35 years. It is further submitted that the incident has taken place all of a sudden. It is a case of free fight wherein on the part of applicant, 16 persons have been implicated and on the part of complainant - 14 persons have been implicated. Out of all 30 persons, 28 persons have been enlarged on bail. The present applicant has though given sword blow on vital part of the body of injured - Shankar Singh, but the injury is not such that has damaged any organ of the injured. He further submits that applicant is in custody since the last more than one and a half year and some of the material witness have already been examined. Moreso, as per the liberty given on earlier occasion by the co-ordinate Bench, the deposition of complainant/injured - Shankar Singh(PW-1) has also been recorded. Considering the fact that co-accused Premsingh has been extended the benefit of bail vide order dated 20/04/2026 passed in MCRC no. 13037/2026 and case of present applicant is identical to the case of co-accused Prem Singh, as also the trial would take time to conclude and that there are no criminal antecedents reported against the applicant and as the applicant is behind bar for last more than one and half year, his application may be considered. It is further submitted that he will abide by all the conditions imposed by the Court, it is prayed discretion may be exercised and applicant may be released on bail, pending the trial.

Learned counsel for the State has opposed the prayer for grant of bail by stating that though the injury is not that serious which can damage to any organ. Considering the fact that there is intention on the part of the applicant to cause such injury by giving sword blow on vital part of the body, therefore, by merely considering that the injury is not sufficient. He submitted that from the statements and depositions of witnesses, it transpired that applicant has played active role by participating in the free fight and has given axe blow on the vital part of complainant. Considering the seriousness of offence and other factors , he prays for rejection this bail application.

I have considered the rival submission made at the Bar and perused the case diary.

Considering the fact that the applicant is aged about 35 years, having no criminal antecedents, considering his involvement in the present offence, allegation regarding involvement of the present applicant and on perusal of the case diary and considering that he is behind bar since last more than one and a half years, the other accused persons have been enlarged on bail, even in the cross-case, the complainant party has been extended bail except two persons including the present applicant. The complainant has deposed before the trial Court and the trial will take considerable time to conclude and considering the principle 'bail is the rule, jail is an 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 only) with one solvent surety of 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. In addition to this, (i) he shall not influence the proceedings of trial ;(ii) he shall make himself available as and when required in trial; (iii) he shall not involve himself in any criminal activity otherwise prosecution shall be at liberty to move application for cancellation of bail and this order shall stand automatically cancelled and police and trial Court shall be at liberty to commit him in jail and; (iv) he shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

He shall strictly follow all above mentioned conditions. He shall not violate any of the conditions otherwise it will be open for the prosecution to pray 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.