Pushpendra @ Vicky Yadav vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail. The applicant has been arrested on 28.09.2025 in connection with Crime No.201/2025 registered at Police Station - Sanyogitaganj, District - Indore (M.P.) for the offence under Section 310 (2), 140(3), 312, 319(2), 317(3), 61, 62(2) of BNS and 25, 27 of Arms Act.

As per the prosecution case, the complainant had lodged a report on07.06.2025 at Police-Station-Sanyogitaganj, Indore that Ankit resident of his village had put him on service at Pithampur Courier Service at Panchratan Complex Dhan Gali Sarafa. One day they both went to Sarafa Bazar from their Scooty for keeping parcel ofSilver to Teen Imli bus stand in the bus going to Agra. They collected silver ornaments from various shops total weighing 7.530 grams and while going on the way, a car stopped them where five accused persons came and said that you have dashed our car and they looted one mobile, silver parcel and cash of Rs.3200/- and ran away by saying that if they divulge the incident to anyone they will kill you. Thereafter, police registered case against accused persons and arrest the present applicant in this case.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 28.09.2025. Investigation is almost over and charge-sheet is likely to be filed in near future. The co-accused Vinod, Akash, Govind and Hemant have already been enlarged on bail by co-ordinate bench of this Court in M.Cr.C Nos.58334/2025, 59538/2025 and 56562/2025 respectively. The complainant of all these cases have not identified the applicants in his statement recorded by the trial court. He has turned hostile and did not supported the prosecution case. The applicant is permanent resident of District Agra (U.P.), therefore, there is no likelihood of his absconding or tampering with the prosecution evidence. He has no previous criminal antecedent. It is further submitted that applicant is ready and willing to abide by all the terms and conditions imposed by this Court. No further custodial interrogation is required in the matter. Conclusion of the trial will take sufficiently long time. Hence, prayed for grant of regular bail to the applicant.

Learned counsel for the State has vehemently opposed the prayer on the basis of criminal record.

Heard learned counsel for the rival parties.

Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case and the nature of offence, but 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) along with one solvent local surety in the like amount to the satisfaction of the Trial Court.

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

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

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

iii) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such acts to the Court or to the Police Officer, as the case may be;

iv) The applicant will not commit any other offence or will not repeat the offence in future.

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

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

Application is allowed and disposed of.

E-copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.