Vicky Gurjar @ Vivek Gurjar vs State Of Madhya Pradesh

Sandeep N. Bhatt, J

This is fourth 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. 232/2025 registered at Police Station - Nagda District Ujjain for the offences punishable under Section(s) 109(1), 115(2), 296, 351(3) and 3(5) of B.N.S, 2023. Applicant is in detention since 22.05.2025. His first application was dismissed on merit vide order dated 16.07.2025 passed in M.Cr.C. No. 25626/2025. His second application was dismissed as withdrawn vide order dated 11.09.2025 passed in M.Cr.C. No. 40072/2025 and his third temporary bail was allowed vide order dated 25.02.2026 passed in M.Cr.C. No. 9752/2026.

As per the case of prosecution, it is a case of altercation followed by manhandling between the members of two political groups over their discord relating to political issue. Accordingly, FIR was registered against the applicant.

Learned counsel for the applicant submits that the applicant is behind bar since 22.05.2025. Applicant is aged about 39 years. He further submits that the complainant is examined and his cross-examination could not take place since last few occasion due to non-availability of the Presiding Officer for some reasons. Moreso, the injury sustained by the injured person which is on the elbow cannot be considered to be grievous in nature. A cross-case has also been registered against the near relatives of the complainant, which is prior in time with the present FIR. Considering the fact that the trial would take time to conclude and as the applicant is behind the bar for last about one year, his application may be considered. It is further submitted that he will abide by all the conditions imposed by the Court, it is prayed discretion may be exercised and applicant may be released on bail, pending the trial.

Learned counsel for the State has opposed the prayer for grant of bail and submitted that the knife blow was though inflicted on the neck of the injured, but it came on the elbow of the injured which clearly indicates the intent of the applicant. Thus, the injury cannot be said to be simple in nature. Considering the seriousness of offence and other factors , he prays for rejection this bail application.

I have considered the rival submission made at the Bar and perused the case diary.

Considering the fact that the applicant is aged about 39 years and he is behind the bar since last about one year coupled with the fact that the examination-in-chief of the complainant was though recorded on 27.02.2026, but due to non-availability of the Presiding Officer, his cross-examination could not take place. Even otherwise, there are many more prosecution witness yet to be examined, therefore, the trial will take considerable time to conclude. In the attaining facts and circumstances of the case, considering the principle 'bail is the rule, jail is an exception' as well as Article 21 of the Constitution of India, but without expressing any view on the merits of the case, I deem it a fit case to release the applicant on bail. Therefore, the application is allowed, but the certain stringent conditions.

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 of 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. In addition to this, (i) he shall also mark his presence on 15th Day of every month before the concerned Police Station, till conclusion of trial; (ii) he shall not influence the proceedings of trial ;(iii) he shall make himself available as and when required in trial; (iv) he shall not involve 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; (v) he shall abide by the conditions enumerated under section 480(3) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

He shall strictly follow all above mentioned conditions. He shall not violate any of the conditions otherwise it will be open for the prosecution to pray for cancellation of bail.

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.