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Judgment
Subodh Abhyankar, J
1] They are heard and perused the case diary.
2] This is the applicant's first bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of Cr.P.C. as he is implicated in connection with Crime No.63/2024 registered at Police Station Tilak Nagar District Indore (MP) for offence punishable under Sections 141(1)(b) of the BNS Act. The applicant is in custody since 18.11.2025.
3] The present bail application has been filed for grant of bail as the applicant is arrested in connection with Crime No.63/2024, which is a prohibitory proceedings initiated under Section 141(1)(b) of the BNS Act, as the order of prohibition was passed on 18.11.2025 against which a revision has also been preferred before the 11th Additional Sessions Judge District Indore, which has already been rejected on 28.11.2025, and against which the applicant has already preferred MCRC.No.56845/2025, which is still pending. However, as the aforesaid matter has not been heard till date by this Court, a separate application for bail has been filed.
4] In the considered opinion of this Court, the present applicant is not maintainable as the petitioner has already availed the remedy under section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 challenging the order passed by the Revisional Court and thus, any order for stay of the order can only be passed in the said petition and not separately in an application under section 483 of the BNSS.
5] In view of the same, the application is hereby dismissed as not maintainable. However, the applicant is at liberty to pursue the remedy which he has already availed before this Court.
6] Accordingly, the MCRC stands dismissed.