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Judgment
17 paragraphs · 818 wordsMilind Ramesh Phadke, J
The applicant has filed this first application under Section 483 of BNSS for grant of bail.
The applicant has been arrested on 12.11.2025 in connection with Crime No.333/2025 registered at Police Station Purani Chhawni District Gwalior (M.P.) for the offences punishable under Sections 109(1), 296(A) of BNS and Section 25/27 of Arms Act.
As per the prosecution case, on 10.11.2025 at about 7:15 PM, the complainant Vikram, who operates an auto bearing registration No. MP-07-R-1182 on Route No. 24 (Nehru Pump to Bamour), was travelling from Bamour to Gwalior. While passing through Nirawali Bypass, he picked up a passenger who disclosed his name as Pawan Dubey and was travelling up to Purani Chhawani intersection. Near the place of occurrence, a white Bolero bearing registration No. RJ-11-UA-5821 suddenly overtook the complainant’s auto, resulting in the auto colliding with the Bolero from behind. The Bolero driver, who identified himself as Shrikant Puri, got down and started quarrelling with the complainant. Although the complainant offered to compensate for the damage, the driver abused him and initiated a scuffle. Passenger Pawan Dubey intervened and attempted to pacify the matter, but when the complainant tried to leave the spot; the applicant forcibly grabbed the steering wheel of the auto, which compelled the complainant to stop, and thereafter the applicant allegedly assaulted him with fists and kicks. Thereafter, the applicant allegedly took out a handgun and fired at the complainant with the intention to kill, causing a gunshot injury to his left calf. On hearing the complainant’s screams, passersby and the passenger gathered at the spot, whereupon the accused fled towards Gwalior in his Bolero. The injured complainant reached Police Station Purani Chhawani in his auto and was thereafter sent to the hospital for treatment. Subsequently, he was referred to Jaipur for advanced medical care. On the basis of the said incident, Crime No. 333/25 was registered, and the applicant/accused was arrested for offences punishable under Sections 109(1) and 296 of the Bharatiya Suraksha Sanhita.
Learned counsel for the applicant contended that the applicant has not committed any offence as alleged in the present case. The applicant has been falsely implicated. It is submitted that as per the statement of the injured complainant Raghunandan, after the incident he himself drove the auto to Police Station Purani Chhawani, which clearly indicates that the injury sustained by him was not life-threatening. Further, the medical documents on record reveal serious discrepancies. It is further submitted that no FIR or Dehati Nalishi was registered immediately after the incident, despite the presence of police during the injured’s treatment. The investigation is complete and the charge-sheet has already been filed. The applicant has been in judicial custody since 12.11.2025 and the trial is likely to take considerable time to be concluded. He has no previous criminal antecedents. The applicant is a permanent resident of Village Baserdi, Police Station Barodi, District Dholpur, Rajasthan, and there is no likelihood of his absconding or tampering with prosecution evidence. Hence, it is prayed that the applicant be released on bail.
On the other hand, learned counsel for the State opposed the prayer made by counsel for the applicant and prayed for its rejection.
Heard counsel for parties and perused the case diary.
In view of above and looking to the fact that the material placed on record does not disclose the possibility of the applicant's fleeing from justice, this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on the merits of the case, the present application is allowed. It is directed that the applicant be released on bail upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only), along with one local solvent surety of the like amount, to the satisfaction of the Trial Court/Committal Court, for his appearance on the dates fixed by the said 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.
A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.
