Sanjay Rawat vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first application under Section 483 of BNSS filed by the applicant for grant of bail.

The applicant has been arrested on 13.01.2026 in connection with Crime No.29/2026 registered at Police Station- Dabra City District Gwalior for offence punishable under Sections 109(1), 115(2), 296(B), 3(5) of BNS and Section 25/27 of Arms Act.

As per the prosecution, the complainant lodged a report alleging that while he was irrigating his field, the accused persons arrived in two four-wheeler cars and started talking with some drivers. When they were leaving, one of their vehicles entered the complainant’s field, damaging some crops. When the complainant objected, the accused persons beat him, and one of them caused a gunshot injury to the complainant. During the incident, one accused called another accused by the name “Budhha,” who then fired the gun at the complainant. On the basis of this information, the present case has been registered against the applicant and other co-accused persons.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the complainant himself caused self inflicted injury with intention to implicate the applicant and other co-accused persons in a false case. The applicant has not been named in the FIR and he has been made accused on the basis of statement of complainant under Section 161 of Cr.P.C. The allegation of firing gunshot is alleged against the co-accused. The applicant is in custody since 13.01.2026 and the conclusion of the trial is likely to take a considerable period of time. The applicant is a permanent resident of District Datia and there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the prosecution witnesses. In view of the aforesaid facts and circumstances, it is prayed that this Court may be pleased to enlarge the applicant on bail.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties.

Considering the totality of the facts and circumstances of the case, the nature of allegations coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicants.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on 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/committal Court for their appearance on the dates given by the concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.