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Judgment
G. S. Ahluwalia, J
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This first application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023/under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 14.09.2025 in connection with Crime No.778/2025 registered at Police Station Kareli, District Narsinghpur for offence under Sections 296, 115(2), 119(1), 126(2), 308(2), 308(5), 351(2), 351(3) and 3(5) of BNS.
It is submitted by counsel for applicant that according to the prosecution case, on the pretext of demanding money for purchase of liquor, the applicant pointed his knife towards the complainant whereas, the complainant was assaulted by the co-accused by fists and blows. It is submitted that the applicant is in jail since 14.09.2025, i.e., more than 05 months. The trial is likely to take sufficiently long time and there is no possibility of the applicant absconding or tempering with the prosecution case.
Per contra, the application is vehemently opposed by counsel for State. It is submitted that the applicant has a criminal history and four more cases were registered against him, out of which he has been acquitted in one case.
Considering the nature of allegation as well as the criminal history of the applicant, this Court is of the considered opinion that the applicant can be granted bail on stringent conditions.
Accordingly, it is directed that applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court and also to mark his presence before the SHO of the Police Station Kareli, Dsitrict Narsinghpur on 1st of every month. In case, the applicant committs any default in appearance, the concerned SHO shall immediately inform the trial Court who shall be free to cancel the bail.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective and the trial Court shall be free to take the applicant in custody.
In the light of the judgment passed by the Supreme Court in the case of XYZ and Others Vs. State of M.P. and Another, reported in (2021) 16 SCC 179, the intimation regarding grant of bail be sent to the complainant.
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