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Judgment
13 paragraphs · 500 wordsSubodh Abhyankar, J
1] They are heard and perused the case diary.
2] This is the applicants' first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as they are implicated in connection with Crime No.284/2025 registered at Police Station Gautampura, Tahsil Depalpur, District- Indore (MP) for offence punishable under Sections 118(1), 324(4), 109(1), 296(d), 351(2) va 3(5),190, 191(2), 191(3) of the B.N.S Act and section 25 of the Arms Act. The applicants are in custody since 21/12/2025.
3] The allegation against the applicants is of assault on the complainant party.
4] Counsel for the applicants at the outset seeks to withdraw this application on behalf of applicant No.1-Vimal, applicant No.2 Rajendra @ Jitendra and applicant no.4-Ganesh.
5] Accordingly, the application on behalf of applicant No.1 Vimal, applicant No.2 Rajendra @ Jitendra and applicant no.4 Ganesh is hereby dismissed as withdrawn.
6] However, so far as the , applicant no.3 Yashwant, applicant no.5 Narendra and applicant no.6 Alok are concerned, there are no criminal antecedents against them and they have been lodged in jail since 21/12/2025, and the conclusion of the trial will take sufficiently long time. Thus, the application be allowed.
7] Counsel for the State, as also the objector, have opposed the prayer, and it is submitted that the complainant's side was assaulted by the applicants with sticks; thus, no case for grant of bail is made out.
8] Having considered the rival submissions, perusal of the case-diary, and taking note of the fact that so far as applicant no.3 Yashwant, applicant no.5 Narendra and applicant no.6 Alok are concerned only sticks have been recovered from them and the main allegation are against co-accused persons,viz, applicant No.1 Vimal, applicant No.2 Rajendra @ Jitendra and applicant no.4 Ganesh, thus, this Court is inclined to allow the present application on behalf of applicant no.3 Yashwant, applicant no.5 Narendra and applicant no.6 Alok.
9] Accordingly, without commenting on the merits of the case, the application filed by the applicant no.3 Yashwant, applicant no.5 Narendra and applicant no.6 Alok is hereby partly allowed. Applicant no.3 Yashwant, applicant no.5 Narendra and applicant no.6 Alok are directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one solvent surety each of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
10] However, it is directed that if the applicants are found to be involved in violation of any of the terms of this order, an application for cancellation of his bail may be filed before the trial Court itself, which shall decide the same in accordance with law
11] Accordingly, the application is partly allowed and disposed of.
C.c. as per rules.
