Svdesh Singh Alias Priyanshu Tomar vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is the first bail application under Section 483 of BNSS filed by the applicant for grant of bail. He has been arrested on 06.07.2025 by Police Station Ambah, District Morena (M.P.) in connection with Crime No.170/2025 registered in relation to the offence punishable under Sections 103(1), 109, 296, 191(2), 191(3), 190 BNS and Sections 25, 27 of the Arms Act.

As per the prosecution story, the complainant, Aryan alias Om Tomar, lodged a report while undergoing treatment in the Trauma Centre Emergency Ward of J.A. Hospital, Gwalior to the effect that about one year ago, Nitin Tomar had stopped his motorcycle, come into his lane, and assaulted him, due to which enmity had been continuing between them since then. On 07.04.2025, Nitin, along with his associates, came in front of his house with intention of picking a quarrel; however, since his father was present at home, they fled from the spot. Thereafter, on 09.04.2025 at about 6:30 PM, the complainant and his elder brother Ajay Tomar were going to drink juice near Midaila Chungi. At that time, all the accused persons, forming an unlawful assembly and arriving on three motorcycles, namely, Suraj Tomar, Manu Tomar, and Abhishek Saini armed with pistols, and Nitin and Kisan Tomar armed with country-made pistols (kattas), along with Amandeep Tomar and three other unknown persons came there. On seeing them, they started abusing in filthy language and, with intention to kill, Suraj Tomar fired a gunshot from his pistol, which hit Ajay near his right ear. Suraj fired a second shot, which struck the back side of Ajay's head, causing him to fall to the ground. When the complainant rushed to lift his brother, Abhishek Saini fired at him with intent to kill, and the gunshot struck him on the back side of his right hip, causing injury and bleeding. On his raising alarm, nearby persons including Lalla Tomar came to the spot. Thereupon, the co-accused Nitin Tomar, Manu Tomar, and Kisan Tomar also fired from their kattas and pistols, and one bullet struck Lalla Tomar in the leg, causing injury and bleeding. On hearing the gunfire and commotion, other residents of the locality also gathered, upon which all the accused persons fled from the spot while firing. Thereafter, the complainant and his elder brother Ajay were taken by their cousins Rohit and Mohit Tomar to Ambah Hospital for treatment. From Ambah Hospital, they were referred to Morena Hospital; however, the family directly took them to J.A. Hospital, Gwalior, where the doctor declared Ajay Tomar dead. His body was then taken home by the family, while the complainant was admitted for treatment. On the basis of the said report, Dehati Nalishi No. 0/2025 was registered under Sections 103(1), 109, 296, 191(2), 191(3), and 190 of the BNS, and subsequently FIR No. 170/2025 was registered at Police Station Ambah under the same sections. After completion of investigation, a charge-sheet was filed against the accused persons.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. It is further submitted that co-accused Anuj Singh has already been enlarged on bail by this Court vide order dated 02.04.2026 passed in M.Cr.C.No.14023/2026. Case of present applicant is similar to the aforesaid co-accused Anuj Singh. The investigation is already complete and the charge-sheet has been filed, therefore, no further custodial interrogation of the applicant is required. It is also submitted that the applicant is in custody since 06.07.2025 and has already undergone a substantial period of incarceration. The trial is likely to take a long time for its conclusion and continued detention of the applicant would amount to pre-trial punishment. The applicant is permanent resident of District Morena and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions and on the ground of parity, prayer for grant of bail is made out.

Per conra, learned Public Prosecution for the State as well as the counsel for the complainant have vehemently opposed the bail application and prayed for its rejection. However, they conceded the ground of parity with the aforesaid co-accused.

Heard counsel for the parties and perused the record.

Considering the overall facts and circumstances of the case, nature of allegations and coupled with the fact that the investigation has been completed, the charge-sheet has already been filed, and the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty and also on the ground of praity, 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 Courtt for his appearance on the dates given by the concerned Court, 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 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.