Saffan @ Safwan vs State Of Madhya Pradesh

Sanjeev 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. 222 of 2025 registered at Police Station-Shujalpur, District- Shajapur (M.P.) for offence punishable under Sections 118(2), 109, 331(6), 115(2), 296, 351(3) and 3(5) of the BNS, 2023 and section 25 of the Arms Act. Applicant is in judicial custody since 22/09/2025

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. It is a case of false over implication. No offence, as alleged, is committed by the applicant. The only allegation against the applicant is of causing injury by wooden stick. The injury caused on the head of Riyaz is attributable to assault by sword by co-accused Raja Kha. The final report has been submitted on completion of investigation. There is no likelihood of tampering with evidence by the applicant for the reason that he is not capable for influencing the witness. Jail incarceration is causing hardship to the young applicant and the family. Applicant is ready to cooperate in the trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

According to the material available on case diary, complainant Aarif Kha reported to the Police Station - Shujalpur that on 27/06/2025 around 9:45 in the night, Raja Kha, Imran @ Immu Kha, Saffan (applicant) and Salman Kha entered his house and abused him in filthy language over previous enmity. Imran Kha assauled him with wooden stick on his waist. Raja Kha assaulted Riyaz Kha with sword on his forehead. Saffan Kha assaulted Riyaz Kha with wooden stick on back side of his head. When Bittu and Aarif intervened, Salman assaulted Bittu with brickbat and Saffan Kha assaulted Aarif with wooden stick. The accused threatened to kill him. Injured Riyaz Kha was taken to Yash Hospital, Ujjain for treatment. On such allegation, the Police Station- Shujalpur registered FIR for offence punishable under Sections 331(6), 115(2), 296, 351(3) and 3(5) of the BNS, 2023. The fracture of frontal bone with hematoma was revealed on C.T. Scan of skull of Riyaz Kha, therefore, the prosecution for offence punishable under sections 118(2) and 109 of the BNS, 2023 was added. Applicant was arrested on 22/09/2025. He is in custody ever since. The trial would take time to conclude. 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 around 18 years and is labourer by profession. He is still dependent on family and survives on occasional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, 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. 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.

Accordingly, it is directed that applicant- Saffan 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.

12.. 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.