Prince Birha vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of BNSS, 2023 for grant of regular bail relating to FIR/Crime No.63/2026 registered at Police Station- Civil Line, Pachpedhi District - Jabalpur for commission of offence punishable under Section 296(2), 109(1) r/w 3(5) of BNS, 2023. Applicant is in jail since 26.02.2026.

As per the prosecution story, On 25.02.2026 at about 8:00 pm, Akshaydeep along with his friends Vikasdeep, Shobhit and Mayur Dutt had parked their car in the parking lot at Manohar Chai Wala's shop located in Civil Lines to have tea and were standing in front of the shop drinking tea, on which, some scuffle took place by three persons. They started abusing Akshaydeep and beating him with hands and punches. Raj Bihara took out a knife and hit the complainant in the stomach which hit below his ribs and both his companions started abusing and beating him with hands and punches. F.I.R was registered.

Learned counsel for the applicant has submitted that the applicant is behind bar since 26.02.2026. He is 26 years old. Investigation is about to complete. The allegation against the applicant is to the extent of scuffle with opposite side and no specific overt act is attributed to the present applicant. He submits that there is no criminal antecedents against the applicant Trial of the case will take considerable time. Therefore, it is prayed that applicant may be released on bail.

On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant and submitted that looking to the role attributed to him and considering the fact that matter is still under investigation and looking to the involvement of the applicant in the offence in question, discretion may not be exercised and prayed for rejection of application.

I have considered the rival submissions of the parties and perused the case diary.

Considering the fact that applicant is behind the bar since 26.02.2026; considering the fact that no specific role is attributed to the present applicant, the allegations made in the F.I.R; there is no criminal past of the applicant and trial will take its own time to conclude; it would be appropriate to consider case of the applicant, therefore, 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 in 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. He shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023. 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 provide his current address and his functional mobile number to the concerned police station and concerned trial court; (6) He shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

If applicant is found involved in similar type of offence, it is open for the authorities to prefer application 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.