Raja Gupta And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

1] They are heard. Perused the case-diary.

2] This is the first application filed by the applicants under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as they are apprehending his arrest in connection with Crime No.488/2025 registered at Police Station MIG Indore, District Indore for the offence punishable under Sections 75,78, 296, 351(3), 126(2) and 3(5) of the BNS, 2023.

3] The allegation against the applicants is of their involvement in the aforesaid case of stalking and harassment of the victim and her family members.

4] Counsel for the applicants has submitted that the applicants and the victim are neighbours and a dispute is going on between them and an FIR has also been lodged by the applicants side at Crime No.487/2025 on 3.10.2025 for the offences under section 115(2), 296, 3(5) and 351(3) of BNS against which the present FIR at Crime No.488/2025 has been loged against the applicants.

5] Counsel for the applicants has submitted that the applicants were also issued notice under section 35 of BNSS, 2023 as the charge sheet is also filed, the applicants are apprehending that if they appear in the trial Court, they might be arrested, and otherwise also, there are no criminal antecedents against the present applicants, and if arrested, serious prejudice would be caused to the present applicants.Thus, it is submitted the custodial interrogation of the applicant is not necessary, and the anticipatory bail application be allowed.

6] Counsel for the respondent/State, on the other hand, has opposed the prayer.

7] Having considered the rival submissions and on perusal of the case diary, and the fact that the applicants have already been issued notice by the police, and although the allegations are of assault also but there is no MLC or visible injuries suffered by the complainant side and the fact that the applicants have also filed an FIR against the complianant party, this Court finds force with the submissions as advanced by the counsel for the applicant, and is of the considered opinion that the custodial interrogation of the applicant under the facts and circumstances of the case does not appear necessary.

8] Accordingly, without commenting anything on the merits of the case, the application is allowed. It is directed that in the event of arrest, applicants Raja Gupta, Durgesh Verma, Seema Devi, Jyoti Kashyap and Roshni Kashyap shall be released on bail, upon their executing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each and furnishing one solvent surety each in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The applicants shall make themselves available for interrogation by a Police Officer, as and when required. They shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973. It is also directed that if the applicants are found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

9] Accordingly, MCRC stands allowed and disposed of.

C.c. as per rules.