NARENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Sec. 483 of BNSS filed by the applicant for grant of bail. The applicant has been arrested on 3/9/2025 by Police Station- Dipaar, District Datia in connection with Crime No.65/2025, registered in relation to the offence punishable under Ss. 140 (1), 125, 115 (2), 296, 351 (2), 191 (2), 191 (3), 117 (2) of BNS and Sec. 25, 27, 30 of Arms Act. Allegation against the present applicant is that he along-with other co-accused has assaulted the complainant, due to which the complainant had sustained grievous injuries.

(2.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. He is in custody since 3/9/2025 and the trial will take time for its conclusion. It is further submitted that investigation in the matter has already been completed and charge sheet has been filed. The applicant is permanent resident of District Bhind and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. Counsel for the applicant has submitted that the co-accused person namely Jitendra Yadav have already been granted bail in M.Cr.C. No.43667 of 2025 vide order dtd. 24/9/2025 and the case of the present applicant is akin to that of co-accused, thus, he is entitled to be released on bail on the ground of parity also. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

(3.) Learned counsel for the State vehemently opposed the application and prayed for its rejection. Considering the overall facts and circumstances of the case, nature of allegations and particularly the ground of parity with co-accused, coupled with the fact that the trial is not likely to conclude in near future and prolonged pre- trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the applicant. Accordingly, 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.50,000.00 (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. This order will remain operative subject to compliance of the following conditions by the applicant:-