Prashant Yadav vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

The applicant has filed this first application under Section 483 of BNSS for grant of bail.

The applicant has been arrested on 05.01.2026 in connection with Crime No.319 of 2025 registered at Police Station Gole Ka Mandir District Gwalior (M.P.) for the offences punishable under Sections 296, 109(1), 3(5) of BNS.

As per prosecution story, the complainant made an oral report stating that on 15/09/2025 at about 10:10 PM, complainant's brother Arun Yadav left home for a walk towards New Colony, Natmaiya Chaat, Jaderua Village, Pinto Park side. After some time, the complainant also went out. As soon as he reached the colony road, he saw that Manish Yadav, a resident of his locality, along with his three real brothers—Sonu Yadav, Nitin Yadav, and Prashant Yadav (present applicant ) were abusing his brother and caught hold of him. Thereafter, Manish Yadav picked up a glass bottle lying nearby, broke it on the road, and with the intention to kill, struck his brother Arun Yadav with the broken glass bottle on his abdomen and right hand. As a result, his brother Arun fell to the ground and all four accused fled from the spot. Arun sustained injuries and started bleeding. On the basis of this report, case was registered against accused persons.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. Even if the allegations against the applicant are accepted as it is, then the role of applicant is just to catch hold of the complainant. Trial will take time for its conclusion. The charge-sheet has already been filed, therefore, no further custodial interrogation is required. It is further submitted that the applicant belongs to a respectable family and has no previous criminal record. Co-accused Nitin has already been granted bail whose case is on similar footing to that of present applicant. The applicant is permanent resident of District Gwalior and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Considering the overall facts and circumstances of the case, nature of allegations and coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant.

Accordingly, 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) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

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

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.