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Judgment
17 paragraphs · 509 wordsRajesh Kumar Gupta, J
This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail. The applicant has been arrested on 28.11.2025 in connection with Crime No.331/2025 registered at Police Station - Shivgarh, District - Ratlam (M.P.) for the offence under Section 296,115(2),3(5), 351(3), 118(2) of BNS.
As per the prosecution case, the complainant lodged an FIR on 23.10.2025 alleging that both the applicants assaulted him saying that the land on which they are residing is their land.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 28/11/2025. Investigation is almost over and charge-sheet is likely to be filed in near future. The offence is triable by JMFC. The applicant is permanent resident of District Raltam (M.P.), therefore, there is no likelihood of his absconding or tampering with the prosecution evidence. He has no previous criminal antecedent. The complainant has already discharged from the hospital. It is further submitted that applicants are ready and willing to abide by all the terms and conditions imposed by this Court. The applicants have no criminal record. No further custodial interrogation is required in the matter. Conclusion of the trial will take sufficiently long time. Hence, prayed for grant of regular bail to the applicant.
Learned counsel for the State has vehemently opposed the prayer on the basis of criminal record.
Heard learned counsel for the rival parties.
Considering the above submissions made by the counsel for the parties and looking to the facts and circumstances of the case and the nature of offence, but 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) each along with one solvent surety each in the like amount to the satisfaction of the Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
i) The applicants will comply with all the terms and conditions of the bond executed by him/her;
ii) The applicants will cooperate in the investigation /trial, as the case may be;
iii) The applicants will not indulge himself/herself 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 acts to the Court or to the Police Officer, as the case may be;
iv) The applicants will not commit any other offence or will not repeat the offence in future.
vii) The applicants will not seek unnecessary adjournments during the trial; and
viii) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Application is allowed and disposed of.
E-copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
