Rupesh Kahar vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case-diary/challan papers.

2] This is the applicant's second bail application filed under Section 483 of B.N.S.S./ 439 of Criminal Procedure Code, 1973, 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 r/w 190,191(3) and 61(2) of the of Bharatiya Nyaya Sanhita, 2023 and section 25(1-b) (b) of the Arms Act. The applicant is in custody since 10.02.2025. His first temporary bail application was dismissed as withdrawn vide order dated 7/1/2026 passed in MCRC.No.56344/2025.

3] The allegation against the applicant is of his involvement in the aforesaid case of murder of one Anand.

4] Counsel for the applicant has submitted that although the allegation against the applicant is of assault by a sword, however, the FSL report is negative, and all the eyewitnesses, including the brother and wife of the deceased, have also not supported the case of the prosecution. It is further submitted that the applicant has been lodged in jail since 10/2/2025 and the conclusion of the trial will take sufficiently long time. Thus, the application may be allowed.

5] Counsel for the State, on the other hand, has opposed the prayer.

6] Having considered the rival submissions, on perusal of the case diary, it is found that the FSL report is negative, and all the eyewitnesses, including the brother and wife of the deceased, have also not supported the case of the prosecution, that the applicant is lodged in jail since 10/2/2025 and the conclusion of the trial will take sufficiently long time, 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 allowed. The applicant 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. 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 bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.

8] M.Cr.C. stands allowedand disposedof. C.c. as per rules.