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Judgment
12 paragraphs · 433 wordsAchal Kumar Paliwal, J
This is first bail application filed on behalf of applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The applicant is in jail since 4.10.2025 in connection with Crime No.796/2025 registered at P.S. - Stationganj, District- Narsinghpur for the offence punishable under sections 308(2), 308(6) and 3(5) of BNS.
Prosecution story, in brief is that applicant along with co-accused persons attempted to extort a sum of Rs.2 lacs from complainant on the basis of false implication in a rape case and thereafter, complainant paid a sum of Rs.30,000/- to the present applicant.
Learned . counsel for the applicant submits that applicant is in jail since 4.10.2025. No custodial interrogation is required in the case. Applicant has been falsely implicated in the case on account of previous rivalry. There are no criminal antecedents of the present applicant of identical in nature. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant be released on bail pending the trial.
Learned counsel for the respondent/State as well as learned counsel for the objector, on the other hand, have opposed the application and submits that in the instant case, investigation is not over and charge sheet has not been filed. There is video showing complainant giving Rs.30,000/- to the present applicant. Therefore, applicant is not entitled to be released on bail and his application be dismissed.
Having regard to overall factual matrix of the case, I am inclined to release the applicant on bail. Consequently, first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail filed on behalf of applicant, stands allowed.
It is directed that applicant be released on bail on her furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for her regular appearance before the trial Court during trial with a condition that she 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 Bharatiya Nagarik Suraksha Sanhita, 2023.
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.
9 . Soft copy of this bail order be sent immediately/forthwith to applicant through concerned jail Superintendent.
M.Cr.C. stands allowed and disposed off.
Certified copy as per rules.
