LALU PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second application under Sec. 483 of BNSS filed by the applicant for grant of bail. His First bail application was dismissed as withdrawn vide order dtd. 29/10/2025 in M.Cr.C. No.47755/2025 with liberty to renew his prayer after statement of complainant.

(2.) The applicant has been arrested on 29/9/2025 in connection with Crime No.40/2020 registered at Police Station-Aswar District Bhind for offence punishable under Ss. 309(6), 126(2), 3(5) of BNS and Sec. 11/13 MPDVPK Act. According to the prosecution, the complainant Vivek Jatav reported at Police Station Aswar on 29/9/2025 that on 28/9/2025, at about 7:30 PM, he was travelling from his village Lotampura to Aswar on a motorcycle along with his sister Jyoti. When they reached near the Lotampura canal, three boys came from behind on a black Pulsar motorcycle without a number plate. They overtook and stopped the complainant's motorcycle. One of the boys assaulted the complainant with a stick and a belt, while the other two boys forcibly snatched one gold mangalsutra, one gold bijasen, one gold Om symbol, and a pair of gold earrings from his sister Jyoti. After committing the offence, the accused persons fled towards Lahar-Aswar on the same black, numberless Pulsar motorcycle. On the basis of this report, an offence was registered, and the applicant was arrested by the police and sent to judicial custody.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has no direct or indirect connection with the alleged offence. The first information report (FIR) of the case was registered against an unknown person; the applicant's name is not mentioned in the FIR.--- The applicant has been in judicial custody since 29/9/2025, and the disposal of the case is likely to take time. No seizure action related to the case remains to be done from the applicant. It is further submitted that Court statement of the complainant (PW/1) has been recorded, wherein he has not stated against the applicant and has turned hostile. Learned counsel submits that the trial is likely to take a considerable time for its conclusion. The applicant is a permanent resident of District Bhind and there is no likelihood of his absconding or of tampering with the prosecution evidence or influencing the witnesses. The applicant undertakes to abide by all the terms and conditions that may be imposed by this Court. In view of the aforesaid facts and circumstances, learned counsel prays that this Court may be pleased to enlarge the applicant on bail.