Vardiram vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is second application filed by the applicant under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to FIR/Crime No.523/225 registered at Police Station - Khachrod, District -Ujjain(M.P.) for the offence punishable under Sections 191(2), 191(3), 190, 118(1), 115(2), 296, 351(3), 324(4), 331(6) and 109(1) of BNS, 2023. Applicant is in detention since 21.12.2025. His first bail application was dismissed as withdrawn vide order dated 01.04.2026, passed in M.Cr.C. No.12279/2026.

As per prosecution story, on 20.12.2025, complainant Smt. Ratanbai reported to Police Station Khachrod that one Dayaram and her daughter from village Jalwal doing illegal encroachment on Govt. land. Upon complaint made by Vikram Singh Gurjar, the Tehsildar, Khachrod gave orders to remove the same. Thereafter, on 19.12.2025, at around 05.00 - 06.00 pm co-accused Vikram, S/o Gangaram Bagri, Lakhan S/o Babu Bagri and Ajay went to the house of Harpal Singh and abused him in filthy language and caused injury to him. Accordingly, a report was lodged to this effect. Further, after the said report, co-accused Vikram S/o Gangaram Bagri, Lakhan, Ajay alongwith other co-accused Dayaram, Samarth, Ramsingh, Vinod, Padambai, Ranjeet, Arjun, Anand, Lakhan S/o Prabhulal Bagri and Vardiram(present applicant) armed with weapon went to the house of complainant as well as her niece Vikram Singh Gurjar in the midnight of 19.12.2025 and 20.12.2025 and started abusing him filthily and also caused injury to them. On the basis of aforesaid complaint, present case has been registered against the applicant and other co-accused persons.

The counsel for the applicant contends that the applicant is falsely implicated in the case. He further submits this is applicant's second bail application. After dismissal of the first bail application, charge-sheet has been filed. Thereafter, similarly situated co-accused namely Lakhan Chandrawanshi and Vinod Chandrawanshi vide order dated 10.04.2026, passed in Bail Application No.28/2026 and co-accused Arjun Bagri and Ajay Bagri vide order dated 15.04.2026, passed in Bail Application No.30/2026 have been granted bail by the trial Court. He further submits that the applicant's earlier bail application was withdrawn vide order dated 01.04.2026, passed in M.Cr.C. No.12279/2026 and, therefore, there is change in the circumstances and the same may be considered. It is submitted that the applicant is aged 40 years. The investigation is over and the chargsheet is filed. It is a case of false over implication wherein all the family members have been implicated. The applicant is behind the bar since 21.12.2025. He has further submitted that the present applicant is claiming parity with the aforesaid co-accused persons as the trial Court has considered the bail application of the co-accused, who are similarly situated with the present applicant. Therefore, he prays that the bail application may be allowed in addition to the grounds that the trial will take some more time to conclude. Now the charge-sheet has been filed, the applicant has no criminal antecedents, therefore, the applicant may be enlarged on bail.

Learned counsel for the State has strongly opposed the prayer and submitted that looking to the seriousness of the matter and the involvement of the applicant alongwith other co-accused persons with weapons and merely because some of the co-accused has been granted bail by the trial Court is not only a ground for consideration of bail application, but at the same time, other factors are also to be considered apart from parity. Therefore, he submits that no case is made out for grant of bail to the applicant and prays for dismissal of the bail application.

I have considered the rival submissions made by the learned counsel for the parties and I have also perused the case diary.

Considering the submission made at the bar, the age of the applicant i.e. 40 years and he is behind the bar since 21.12.2025 with no criminal antecedent, now the charge-sheet has been filed and after filing of the charge-sheet, the trial Court has considered the bail application of co-accused and granted bail to four co-accused namely namely Lakhan Chandrawanshi and Vinod Chandrawanshi vide order dated 10.04.2026, passed in Bail Application No.28/2026 and co-accused Arjun Bagri and Ajay Bagri vide order dated 15.04.2026, passed in Bail Application No.30/2026, trial will take some more time to conclude and no fruitful purpose will be served to keep the applicant behind the bar and so also considering the principle 'bail is the rule, jail is the exception' as well as Article 21 of the Constitution of India, but without expressing any view on the merits of the case, this Court deems it a fit case to release the applicant on bail. Therefore, the application is 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 each 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. In addition to this, (i) Applicant shall not influence the proceedings of trial ;(ii) Applicant shall make himself available as and when required in trial; (iii)Applicant shall not involves himself in any criminal activity otherwise prosecution shall be at liberty to move application for cancellation of bail and this order shall stand automatically cancelled and police and trial Court shall be at liberty to commit him in jail and; (iv) Applicant shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

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.

Certified copy as per rules.