Prajwal Mehar vs State Of Madhya Pradesh

G. S. Ahluwalia, J

Case diary is available.

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 08.11.2025 in connection with Crime No.232/2025 registered at Police Station Salamatpur, District Raisen for offence under Sections 296, 126(2), 109(1), 3(5), 309(9) of BNS and under Section 25 of the Arms Act.

It is submitted by counsel for applicant that in the FIR which was lodged by the complainant it was mentioned that while the complainant was coming back on his motorcycle he was waylaid by three unidentified persons and they was assaulted him. However, in a statement under Section 182 of BNSS which was recorded after two days of the incident, it was alleged that he was on talking terms with the sister of Vishesh Lodhi. On the date of incident, he was waylaid by Vishesh Lodhi and Krishna Lodhi and third person and he was assaulted by Krishna Lodhi on his head. Another boy took out a knife and assaulted on his neck causing injury on the backside of his neck. Vishesh Lodhi also assaulted him by fists and blows. It is submitted that the name of the applicant was neither mentioned in the FIR nor in the statement of the complainant recorded under Section 182 of BNSS. No Test Identification Parade was conducted by the police. The trial is likely to take sufficiently long time and there is no possibility of the applicant absconding or tempering with the prosecution case.

5 . Per contra, the application is vehemently opposed by counsel for State. However, it is submitted that except the present case, the applicant has no criminal history.

Considering the nature of allegation as well as the period of detention, the application for grant of bail is allowed.

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 to appear before the Court on the dates given by the concerned Court.

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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