Rajiv Shrivas vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first application filed by the applicant under Section 483 of B.N.S.S., 2023 for grant of regular bail.

The applicant has been arrested on 25.11.2025 in connection with Crime No.131/2025 registered at Police Station Maharajpura, District Gwalior for offence under Section 140(3), 119(1), 115(2), 3(5) of BNS, added Section 11/13 of MPDVPK Act.

Prosecution story in short is that on 11.04.2024 when complainant was on his shop at that time, present applicant alongwith other co-accused persons came there with a common intention and demanded Rs.5000/- for taking party when he refused, then they forcibly took him in car and kidnapped him and committed marpeet with him. Thereafter, near Mitawali, after seeing police, present applicant and other co-accused fled away from spot. Complainant lodged FIR at Police Station Maharajpura. Accordingly, offence has been registered.

Learned counsel for the applicant contended that the applicant is innocent and he has been falsely implicated in this matter. He is in custody since 25.11.2025. Investigation is almost complete. Offence is triable by JMFC. Final conclusion of trial will take considerable long time. The applicant is a permanent resident of District Gwalior and there is no likelihood of his absconding or tampering with prosecution evidence if released on bail. Counsel for the applicant has submitted that the co-accused persons namely Jayprakash Sharma and Upendra Sharma have already been granted bail in M.Cr.C. Nos.14256/2025 and 25805/2025 vide orders dated 08.04.2025 and 19.06.2025 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.

Per-contra, learned PP for respondent/State opposed the bail application and prayed for its rejection but he fairly admits the factum of parity.

Heard learned counsel for the rival parties and perused the case diary. 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/- (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:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically, without further reference to the Bench;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.