Sunil Singh Tomar vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

The applicant has filed this First application under Section 483 of BNSS/439 of Cr.P.C. for grant of regular bail.

The applicant has been arrested on 21.02.2026 in connection with Crime No.179 of 2025 registered at Police Station Girwai, District Gwalior (M.P.) in relation to the offence punishable under Sections 125, 296, 115 (2), 351 (2), 190, 191 (2), 191 (3) of BNS and section 30 of Arms Act.

Allegation against the present applicant is that he along-with other co-accused persons have committed marpeet with the complainant party by means of fire-arm.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there is no previous enmity between the applicant and the complainant. It is further submitted that the applicant is permanent resident of District Gwalior and there is no likelihood of his absconsion or tampering with the prosecution evidence. The applicant undertakes to cooperate in investigation/trial and would not be a source of embarrassment and harassment in any manner to the complainant party side. The allegation of active participation in the crime is alleged against the co-accused Sunil Kushwah, who has already been granted anticipatory bail by this Court vide order dated 21.11.2025 in M.Cr.C. No.53200/2025 and the other co-accused person namely Kaushalendra Singh Kushwah and Bhupendra Alias Lala Yadav have already been granted bail in M.Cr.C. Nos.49444 of 2025 and 50362 of 2025 vide order dated 4.9.2025 and 10.11.2025 and the case of the present applicant is akin to that of co-accused persons. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the respondent/State has vehemently opposed the prayer and prayed for dismissal of the application.

Heard the counsel for the parties and perused the case diary. Considering the overall facts and circumstances of the case, 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 applicant.

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 his 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.