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Judgment
11 paragraphs · 373 wordsDevnarayan Mishra, J
1.This is the first application filed by the applicant under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 seeking anticipatory bail in connection with Crime No.593/2025 registered at Police Station - Civil Lines, District - Satna for the offence punishable under Sections 296, 115(2), 119(1), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Learned counsel for the applicant has submitted that the main accused Ashish Singh Parihar has been enlarged on anticipatory bail. The applicant is not required in the investigation. In the FIR, there was no mention that the applicant has assaulted the victim to extort the money for consuming alcohol. All sections are bailable, hence, the applicant be released on anticipatory bail.
Learned counsel for the State has opposed the bail application and has submitted that the applicant's name was disclosed in the memorandum of the co-accused Ashish Singh Parihar and he has criminal record, hence, the applicant is not entitled to be released on anticipatory bail.
Heard the parties and perused the case diary.
Looking to the factual aspect of the case, difference in the FIR and statements recorded under Section 180 of BNSS and the injury suffered by the victim party, this Court deems it fit to enlarge the applicant on anticipatory bail. Hence, without commenting anything on the merits of the case, the application is allowed.
It is directed that in the event of arrest the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Arresting Officer for his appearance before him during the course of investigation or before the trial Court concerned during trial, as the case may be.
The applicant is directed to cooperate with the investigating agency and also appear on the date and time directed by the Investigating Officer.
The applicant will regularly appear before the trial Court and cooperate till disposal of this case.
It is further directed that the applicant shall abide by all the conditions as enumerated under Section 482(2) of BNSS.
Accordingly, the application stands disposed of. Certified copy as per rules.
