Surendra Singh Alias Pappu vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is third bail application under Section 483 of BNSS filed by the applicant for grant of bail. Second Application was dismissed on merits vide order dated 8.12.2025 passed in M.Cr.C.No.56095 of 2025.

The applicant has been arrested on 25.11.2025 in connection with Crime No.232/2009 registered at Police Station Maharajpura District Gwalior, for offences punishable under Sections 307, 353, 180, 147, 148, 336, 332, 224, 325 of IPC and Section 11/13 of MPDVPK Act.

As per prosecution case, on 07-10-2009 at 11:45 a.m., in village Lakshmangarh, Police Station Maharajpura, an unlawful assembly was formed, whose common objective was to use force against members of the police force. Being members of the said unlawful assembly, and in furtherance of the common intention, they used force against the police force and committed rioting. They were equipped with deadly weapons such as a country-made pistol, iron rods, swords, and sticks and attacked the police force with the intention of obstructing and preventing them from discharging their official duties as public servants. They intentionally resisted their arrest and created obstruction, and intentionally assaulted them, and attempted to snatch the wireless set and rifle from Head Constable Brajnaresh. The police arrested the applicant and sent him to judicial custody.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is innocent. The co-accused persons in the case have been granted bail by this Court as well as by the subordinate court. It is further submitted that the investigation in the matter is complete, and the change in circumstances pointed out by counsel for the applicant for the grant of bail is that the charge sheet has been filed and the conclusion of the trial is likely to take considerable time. There is no likelihood of the applicant absconding or tampering with the prosecution witnesses. In view of the aforesaid circumstances, it is prayed that the applicant be released on bail.

Learned counsel for the State vehemently opposed the application and prayed for its rejection.

Considering the overall facts and circumstances of the case, nature of allegations and 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 themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . 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.