Surya Chandra Prajapati vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the third application filed by the applicant under Section 483 of B.N.S.S. for grant of regular bail relating to Crime No.98/2025 registered at Police Station - Kotma, District Anuppur (M.P.) for the offence punishable under Section 103, 296, 115(2), 117(2), 351(3) of B.N.S. The applicant has been arrested on 16.03.2025.

Earlier (second) application of applicant was dismissed as withdrawn with liberty to renew the prayer of bail after recording the statements of Radha Bai Kewat, Subhash Baiga and Avanish Tiwari vide order dated 12.01.2026 passed in MCRC. No.56303/2026.

As per the prosecution story, it is alleged that applicant alongwith co-accused persons abused and committed marpeet with the complainant and the deceased by means of lathi due to which they sustained injuries on their vital body parts. During treatment, the deceased died. Therefore, the offence has been registered against the present applicant and co-accused persons under the aforesaid section.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in custody since 16.03.2025. It is submitted that the statements of injured Ganesh Pandey (PW/1) and other eye witnesses have been recorded before the Trial Court and they have not supported the prosecution story. Charge sheet has been filed. The conclusion of the trial will take considerable time, therefore, it has been prayed that the applicant may be released on bail.

On the other hand, learned counsel for the respondent/State has opposed the bail application and prayed for it's rejection.

Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of B.N.S.S. for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial and is directed to cooperate in trial. He shall abide by all the conditions enumerated under Section 480(3) of B.N.S.S.

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.