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Judgment
10 paragraphs · 473 wordsSubodh Abhyankar, J
1] They are heard. Perused the case-diary.
2] This is the first application filed by the applicant Chaganlal under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023/Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.327/2025 registered at Police Station Nahargarh, District Mandsaur for the offence punishable under Sections 108, 3(5) of the BNS Act 2023.
3] The allegation against the applicant is of his involvement in the aforesaid case of abatement to suicide of a woman named Radha Kunwar, who committed suicide by jumping into a well. It is alleged that the present applicant, Shravan Singh, Arun Singh, and Luckyraj Singh met the prosecutrix in a marriage function, and thereafter they started threatening her to marry co-accused Lucky Singh.
4] Counsel for the applicant, at the outset, has submitted that similarly situated co-accused persons viz Arun Singh and Luckyraj Singh have already been granted regular bail by this Court vide orders dated 27/11/2025 and 29/12/2025 passed in 50701/2025 and MCRc.No.58055/2025 respectively, and the case of the present applicant is identical to that of co- accused persons viz, Arun Singh and Luckyraj Singh, and thus, he deserves to be released on anticipatory bail, on the ground of parity.
5] Counsel for the State has opposed the prayer; however, it is not denied that co-accused persons Arun Singh and Luckyraj Singh have already been granted regular bail by this Court.
6] Having considered the rival submissions and on perusal of the case diary as also the orders dated 27/11/2025 and 29/12/2025 passed in 50701/2025 and MCRC.No.58055/2025 in favour of co-accused vide orders dated 27/11/2025 and 29/12/2025 passed in 50701/2025 and MCRc.No.58055/2025 repectively, this Court is inclined allow the present application as the custodial interrogation of the applicant under the facts and circumstances of the case would not be necessary.
7] Accordingly, maintaining parity, without commenting anything on the merits of the case, the application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). The applicant shall make himself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
8] However, it is directed that if the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the trial Court itself, which shall decide the same in accordance with law.
9] Accordingly, MCRC stands allowed.
