Sharif Khan And Others vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is second application filed by the applicants under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.6/2025 registered at Police Station - Cantt, District - Jabalpur for the offence punishable under Sections 296, 115(2), 351(2), 3(5) and 118(2) of the BNS. Applicants are in detention since 16.12.2025. Their first bail application was dismissed as withdrawn vide order dated 29.1.2026 passed in MCRC No.3232/2026.

As per prosecution story, as alleged, applicants along with other co-accused persons assaulted the victim with sticks and thereafter, F.I.R was lodged.

Learned counsel for the applicants submits that applicants have been falsely implicated in the case. They had nothing to do with the crime. It is also submitted that no assault has been made by the present applicants and the injury which was caused to the victim was by one Shohaib Qureshi, who has already been enlarged on bail by the Sessions Court. It has been submitted that the applicants are innocent. After investigation, charge sheet has been filed. The applicants are in custody since 16.12.2025. Trial will take considerable time to conclude, therefore, it is prayed that the applicants be released on bail.

On the other hand, learned counsel for the State has opposed the prayer for grant of bail prays for its rejection. He submits that there are criminal antecedents of applicant No.2 Ahmar Khan and Applicant No.3 Nadeem Khan. Therefore, it has been prayed that the application be dismissed.

Heard the submissions and perused the case diary.

Considering the fact that the applicants are in custody since 16.12.2025 and after investigation, charge sheet has been filed and applicants have only assaulted the victim with lathi and considering the fact that trial will take its own time to conclude and also considering the principle 'bail is the rule, jail is the exception' and also the provisions of Article 21 of the Constitution of India, but without expressing any view on the merits of the case, I deem it a fit case to release the applicants on bail. Therefore, the application is allowed.

It is directed that applicants be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety each in the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court during trial with a condition that they shall remain present before the concerned Court on all the dates fixed by it during trial. They shall abide by all the conditions enumerated under Section 480(3) of BNSS, 2023.

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.

9 . However, it is made clear that the applicants shall not indulge in the similar nature of offence in future and will not tamper any of the prosecution witness and they shall appear before the concerned Police Station on every second and fourth Tuesday of the month, otherwise, bail granted by this Court shall stand canceled without further reference to the Bench.

Certified copy as per rules.