Madhya Pradesh High Court
Arjun vs The State Of Madhya Pradesh on 1 April, 2025
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1 MCRC-12528-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 1 st OF APRIL, 2025
MISC. CRIMINAL CASE No. 12528 of 2025
ARJUN S/O GAJANAND
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Applicant by Shri Vijay Jat - Advocate.
Respondent - State of Madhya Pradesh by Shri Hemant Sharma -
Government Advocate appearing on behalf of Advocate General.
ORDER
This first bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has been filed
by applicant - Arjun S/o Gajanand for grant of regular bail, who has been
arrested on 18/10/2024 in connection with Crime No.538 of 2024 registered
at Police Station Badgonda, District Indore (M.P.) for commission of
offences under Section 310 (2) of Bharatiya Nyaya Sanhita, 2023.
2. Prosecution story, in brief, is that on 08.10.2024, complainant
Bhanu Rathore was returning from Kasrawad and was going to Indore along
with his sister Durga Rathore by car bearing Registration number MP 09 ZT-
4527. When they reached near petrol pump, six unknown persons came there
carrying with Lathi. They threatened the complainant party and robbed one
gold chain, two gold rings and two gold tops (earrings) from Durga Rathore
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and one bentex Kada from driver Saurabh. Thereafter, all the accused
persons fled away from the spot. An FIR was lodged on the same day
against the unknown persons. During investigation, the present applicant
was arrested and one robbed gold ring was recovered from his possession.
During Test Identification Parade, Durga Rathore identified the ring as a
robbed property and complainant Bhanu Rathore and Durga identified the
present applicant as an assailant. Accordingly, crime was registered against
the present applicant and co-accused persons.
3. Learned counsel for the applicant submits that the applicant has not
committed the offence and has falsely been implicated in the case. It is
submitted that co-accused persons Arjun S/o Ramkishan Singhania and
Vaibhav @ Golu Jhanjhar S/o Kishore Jhanjhar have already been extended
the benefit of bail by this Court vide order dated 10.03.2025 passed in
Miscellaneous Criminal Case No.4180 of 2025 and Miscellaneous Criminal
Case No.8872 of 2025 respectively. It is also submitted that criminal
antecedents which were reported by the prosecution against the applicant, he
has already been acquitted by the learned trial Court vide judgment dated
31.12.2024 and 11.02.2025 (Annexure A/4) passed in Sessions Trial No.102
of 2019 and Sessions Trial No.101 of 2019 respectively. After completion of
investigation, charge sheet has already been filed. Trial will take
considerable long time for its disposal, therefore, it is prayed that the
applicant be released on bail on the ground of parity with other co-accused
persons.
4. On the other hand, learned counsel for the respondent - State has
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opposed the prayer and prays for dismissal of the bail application.
5. Heard learned counsel for the parties and perused the case diary.
6. In the aforesaid factual backdrop and the evidence in entirety
coupled with the fact that similarly placed co-accused persons have already
been extended benefit of bail, this Court is inclined to grant benefit of bail to
the applicant. Accordingly, without commenting on the merits of the case,
the bail application is allowed, maintaining parity with other co-accused
persons.
7. It is directed that the applicant be released on bail upon his
furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with separate solvent surety in the like amount to the satisfaction of
the trial Court, for his regular appearance before the concerned Court on all
the dates fixed by the said Court, without any default, during trial. He shall
abide by all the conditions enumerated under Section 480 (3) of BNSS.
8. The applicant will not indulge himself in any criminal activity in
future. This order shall be effective till the end of the trial, however, in case
of bail jump and / or breach of any of the conditions of bail, the prosecution
will be at liberty to move appropriate application for cancellation of bail.
9. The concerned Court shall get the conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety.
10. Accordingly, this M.Cr.C. stands allowed and disposed off.
Pending interlocutory application, if any, also stands disposed off.
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Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
