Sandeep Nagar vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is first application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No. 214/2025 registered at Police Station -Malawar District Rajgarh for the offences punishable under Sections 305(A), 331(4) and 317(2) of B.N.S, 2023. Applicant is in detention since 28.12.2025.

A theft was committed at the house of Kailash by breaking open the lock. An exhaust fan, two spades(fawda) and iron tubs(tarafe) were stolen by unknown offenders. Accordingly, FIR was registered against unknown offenders.

Learned counsel for the applicant submits that the applicant is falsely implicated in the alleged offence merely on suspicion. He is behind bar since 28.12.2025. Applicant is aged about 27 years. During the course of investigation, the articles of theft i.e. five iron tubs (tarafe) and exhaust fan have been recovered from the applicant.The charge-sheet has now been filed. The co-accused Vishnu and Bablu haves been extended benefit of b a i l vide orders dated 10.04.2026 & 27.4.2026 passed in M.Cr.C. Nod.7296/2026 & 18303/2026. Considering the fact that the trial would take time to conclude and as the applicant is behind bar for last more than five months, his application may be considered. It is further submitted that he will abide by all the conditions imposed by the Court, it is prayed discretion may be exercised and applicant may be released on bail, pending the trial.

Learned counsel for the State has opposed the prayer for grant of bail by stating that the article of theft has been recovered from the possession of the applicant. Moreover, applicant has 03 criminal antecedents, similar in nature, as mentioned in the case diary. Considering the seriousness of offence and other factors, he prays for rejection of this bail application.

I have considered the rival submission made at the bar and perused the case diary.

Considering the fact that the applicant is aged about 27 years, his involvement in the present offence coupled with the fact that he is behind the bar since last more than five months, other accused persons Vishnu and Bablu have been enlarged on bail and the trial will take considerable time to conclude, therefore, considering the principle 'bail is the rule, jail is an exception' as well as Article 21 of the Constitution of India, without expressing any view on the merits of the case, this Court deems it a fit case to release the applicant on bail. Therefore, the application is allowed.

It is directed that applicant be released 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 trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. In addition to this, (1) He will not act in any manner which influence the proceedings of trial or influence any of the witnesses; (2) He will not indulge in any criminal activity by misusing the liberty granted by this order; (3) He shall remain present at the time of trial without any default; (4) He shall also mark his presence on every Tuesday of every month before the concerned Police Station till the trial gets over; (5) He shall make himself available as and when required in trial; (6) He shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

He shall strictly follow all above mentioned conditions. He shall not violate any of the conditions otherwise it will be open for the prosecution to pray for cancellation of bail.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.