26 June 2025 Bail and Antcipatory Bail >> Criminal Law  

In Surendra Gurjar v/s The State Of Madhya Pradesh an application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has been granted to an applicant in connection with Crime No. 76/2025, registered at Police Station - Ron, District - Bhind (M.P.). The charges include offenses under Sections 140(3), 125, 115(2) of the BNSS and Sections 11, 13 of the Madhya Pradesh Dakaiti Evam Vyapharan Prabhavit Kshetra Adhiniyam (MPDVPK Act).

Allegations and Defense:

The prosecution alleges that the applicant, along with co-accused individuals, went to the complainant's house, fired a "Katta" (country-made pistol) into the air, and then forcibly abducted Sujan Singh in their car. The applicant's counsel argued that the applicant is innocent and was falsely implicated. They highlighted that the applicant has been in custody since April 18, 2025, and that the accusation of firing a gunshot in the air is an omnibus allegation. Crucially, the counsel submitted that co-accused individuals, namely Sachin Tomar, Rishi Tomar, and Sachin Shrivas, have already been granted regular bail on May 19, 2025, and May 22, 2025, respectively. Therefore, bail was sought on the principle of parity.

State's Opposition and Court's Decision:

The State counsel opposed the bail application, stating that a .315 bore Katta with two live cartridges and a Hyundai car were recovered from the applicant's possession. However, the State counsel conceded that the applicant's case was similar to that of the co-accused who had already been granted bail.

Considering the totality of facts and circumstances, and acknowledging the similarity of the applicant's case to that of the co-accused who have already received bail from the same court, the application was allowed. The court explicitly stated that it was not expressing any opinion on the merits of the case.

The applicant is to be released on bail upon furnishing a personal bond of Rs. 70,000, along with two local solvent sureties of the same amount, to the satisfaction of the trial court/committal court.

Conditions for Bail:

The bail order is subject to the applicant's compliance with several conditions, including:

• Complying with all terms of the bond.
• Cooperating with the investigation/trial.
• Not inducing, threatening, or promising any person acquainted with the facts of the case to dissuade them from disclosing information.
• Not committing any other offense in the future, with a repetition leading to automatic cancellation of bail.
• Not seeking unnecessary adjournments during the trial.
• Not leaving India without prior permission from the trial court/investigating officer.

Section 438, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023  

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023