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Vinay Patidar vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 25 March 2026 · Citation: (2026) 03 MP CK 0892

HON’BLE JUDGES
Pramod Kumar Agrawal, J
ACTS & SECTIONS REFERRED
Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 126, 130, 135(3), 480(3), 483 · Bharatiya Nyaya Sanhita, 2023 — Section 3(5), 75(1), 95, 109(1), 115(2), 126(2), 135(3), 296(a), 304(2), 324(4)
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 11960 Of 2026
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Judgment

9 paragraphs · 675 words

Pramod Kumar Agrawal, J

1.

This is the first application filed by the applicant under Section 483 of the B.N.S.S. for grant of regular bail relating to Crime No.91/2026 registered at Police Station - Misrod, District Bhopal (M.P.) for the offences punishable under Sections 126(2), 296(a), 115(2), 304(2), 109(1), 324(4), 75(1), 3(5), 95 of B.N.S. Applicant is in detention since 27.02.2026.

2.

As per the prosecution story, the allegation against the applicant is that he alongwith co-accused persons attacked on the complainant with intention to kill her due to which she sustained grievous injuries. Therefore, the offence has been registered against the present applicant and co-accused persons under the aforesaid section.

3.

Learned senior counsel for the applicant submitted that applicant is innocent and has been falsely implicated. He is in custody since 27.02.2026. It is submitted that when the applicant was returning to his home in Misrod from national highway, he saw that heated arguments was going on between complainant, her driver in Car bearing registration No. MP28CB1161 and driver of Car bearing registration No.MP04CU2517. The car of complainant was coming from wrong side, therefore there was heavy traffic jam in that place. The applicant went to see the cause of traffic jam, then the complainant and her 5-6 associates attacked on him due to which he received severe injury on his neck. The applicant has not caused any damage. The applicant rescued from that place and immediately taken to hospital for treatment and PMLC was conducted by doctor. Thereafter, the applicant alongwith his brother Abhay Patidar and one Rupesh Patidar went to Police Station for lodging F.I.R. against the complainant and her associates but the police has not lodged the F.I.R. against them. Thereafter, under the political pressure, F.I.R. has been lodged against the applicant and other persons. It is further submitted that the applicant has given complaint against the complainant and her associates application but the police has not taken any action on his application. It is further submitted that on the same day, the police has filed complaint (Istgasa) against applicant and other two persons under Section 126, 135(3) of B.N.S.S. and the Executive Magistrate, Misrod Division, Bhopal has passed an order issuing show cause notice to them under Section 126/130 of B.N.S.S. It is further submitted that the police has not arrested the applicant in the instant crime number and showed his arrest under the proceeding under Section 126, 135(3) of B.N.S.S. It is further submitted that offence under Section 109(1) of B.N.S. is not made out in this case. The applicant has been falsely implicated in the alleged offence under the political pressure. He has not committed the alleged offence and has not caused injury to anyone. There is no criminal antecedents of the applicant. The conclusion of trial will take considerable time. Therefore, it has been prayed that the applicant may be released on bail.

4.

On the other hand, learned counsel for the respondent/State as well as objector have opposed the bail application and prayed for it's rejection.

5.

Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 483 of B.N.S.S. for grant of bail filed on behalf of applicant, stands allowed.

6.

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 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. He shall abide by all the conditions enumerated under Section 480(3) of B.N.S.S.

7.

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.