Raj Kapoor vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard and perused the case diary.

2] This is the applicant's third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he/she is implicated in connection with Crime No.49/2025 registered at Police Station Kotwali, District- Dewas (MP) for offence punishable under Sections 103(1), 249, 61 and 3(5) of Bharatiya Nyaya Sanhita, 2023 and sections 25 and 27 of the Arms Act. The applicant is in custody since 26.1.2025. Applicant's earlier bail applications were dismissed as withdrawn.

3] The allegation against the applicant is that he was involved in the aforesaid case of murder of one Anand, who was shot dead and assaulted by the accused persons.

4] Counsel for the applicant has submitted that although the name of the applicant find placed in the disclosure memo of the other accused persons but even considering the memos on their face value, it is apparent that the applicant was not present on the spot when the incident took place, and his name is only mentioned as one of the persons who were present at the meeting in which the accused person conspired to murder the deceased. It is further submitted that apart from the aforesaid memo, there is nothing on record to connect the applicant with the offence. It is further submitted that the applicant is lodged in jail since 26.1.2025, and the final conclusion of the trial will take sufficient long time, thus, the bail application of the applicant deserves to be allowed.

5] Counsel for the respondent/State has opposed the prayer and it is submitted that one more case under IPC has been registered against the applicant.

6] Having considered the rival submissions, and on perusal of the case diary, and taking note of the fact that even as per the case of the prosecution, the applicant was not present on the spot and there is no tangible evidence available on record to connect the applicant with the present offence except the memo of the co-accused persons recorded under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, this Court is inclined to allow the present application.

7] Accordingly, without commenting on the merits of the case, the application filed by the applicant is hereby allowed. The applicant-Raj Kapoor S/o Samandar Singh is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8] It is also directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the trial Court itself, who shall decide the same in accordance with law.

9] Accordingly, the application is allowed and disposed of.

C.c. as per rules.