Satyam Tiwari vs State Of Madhya Pradesh

Devnarayan Mishra, J

This is the first application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.110/2026 registered at Police Station-Kolgawan, District-Satna (M.P.) for the offence punishable under Sections 126(2), 296(a), 109(1), 3(5) of BNS, 2023 and Section 25/27 of Arms Act. The applicant is in custody since 18.01.2026.

Learned counsel for the applicant has submitted that it is alleged that co-accused has assaulted the victim namely Vidya Sagar Nishad by a pistol and on that, he has sustained a injury. It is further submitted that the allegation of firing is on the co-accused Prabhakar and Kanishk. Both were found juvenile and they have been enlarged on bail. It is also alleged that Kanishk was driving the vehicle. The only allegation against this applicant is that he was accompanying the accused persons. The applicant is a student of 12th Class and his exam is to be scheduled from 10.02.2016. The applicant has only one criminal record, hence, he be released on bail.

Learned counsel for the State has opposed the bail application and submitted that on the date of incident, on three different places, the incident has taken place and the applicant was present from first incident to last incident. One of the co-accused has assaulted the victim by a firearm, hence, the applicant is not entitled to be released on bail.

Heard the parties and perused the case diary.

From the medical report annexed with the case diary, it is clear that on account of injury sustained by a gunshot, the victim was brought to the District Hospital Satna and he was admitted for treatment but he has left the bed on 18.01.2026 and not taken the treatment. As per the MLC report submitted along with the case diary, the doctor has clearly mentioned that there was a superficial abrasion on the right side of thigh but no entry wound, exit wound, blackening, tattooing, charring, singeing of hair, or deep tissue was seen and no other external injury was seen.

Thus, the doctor has not opined that there was any injury caused by the firearm. Though, the victim has clearly stated that he was having a mobile in his pocket that's why the bullet could not enter into his body but the police has not recovered the cloths of victim by which it could be decided whether the part of gun powder (potassium nitrate) was present or not. Furthermore, the gun has been recovered from the possession of the other delinquent child. The applicant has only one criminal record and he is a young person of 19 years and his exam is to be scheduled on 10.02.2026.

Looking to the facts and circumstances of the case, this Court deems it appropriate to release the applicant on bail. Thus, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant shall be released on bail on his furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the concerned Court on all such dates as may be fixed by that Court in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 480(3) of BNSS.

Accordingly, this M.Cr.C. stands disposed of.

I.A. No.2870/2026, which is an application for grant of temporary bail is disposed of.

C.C. as per rules.