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Judgment
14 paragraphs · 674 wordsSanjeev S Kalgaonkar, J
This first application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 698/2025 registered at Police Station- Badnagar, District- Ujjain (M.P.) for offence punishable under Sections 331 (4) and 305(a) of the BNS, 2023. He is in judicial custody since 18/11/2025
Heard the arguments.
Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.
Learned counsel for the applicant in addition to the grounds mentioned in the application submits that the applicant is falsely implicated in the alleged offence merely on suspicion. He has not committed the alleged offence No incriminating material to connect the applicant with the alleged offence has been seized at the instance of applicant. The final report has been submitted on completion of investigation. There is no likelihood of tampering with evidence by the applicant Jail incarceration is causing hardship to the applicant and the dependent family. Applicant is ready to cooperate in trial.
5 . Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel refers one criminal antecedent against the applicant as mentioned in the case diary.
In reply, learned counsel for the applicant submits that other matter is pending for trial. He has never been convicted.
According to the material available on case diary, a theft was committed at the official residence of JMFC, Badnagar in the intervening night of 28/12/2024 to 29/12/20274. One laptop of H.P. Company, one hard disk, some court papers and cash of Rs. 5000/- were stolen. The police station - Badnagar registered FIR for offence punishable under section 331(4) and 305(a) of the BNS, 2023 against unknown offender. The applicant was apprehended on 18/11/2025 on the basis of secret information. However, no recovery has been made at the instance of the applicant. The alleged offence is triable by JMFC. The veracity of prosecution and complicity of the applicant in the alleged offence will be determined after evidence in the trial.
As informed, the applicant is aged 24 years and is driver by profession and has the family responsibility. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any substantial criminal past and previous conviction for any major offence, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant. The offence is triable by JMFC. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.
Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed, however, on stringent conditions in view of his criminal antecedents.
Accordingly, it is directed that applicant- Ravi Parmar shall be released on bail in connection with Crime, as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions : (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-
This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the trial Court may consider, on merit, cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
