Madhya Pradesh High Court
Arvind vs The State Of Madhya Pradesh on 23 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:15310
1 MCRC-18184-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE AMIT SETH
ON THE 23rd OF JULY, 2025
MISC. CRIMINAL CASE No. 18184 of 2025
ARVIND
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anshu Gupta - Advocate for the petitioner.
Shri Rohit Mishra AAG appearing on behalf of Advocate General.
ORDER
This is the first application filed by the applicant u/S. 483 of
BNSS/ 439 of Cr.P.C. for grant of bail relating to Crime No. 91/2025
registered at Police Station - GRP, District - Vidisha (M.P.) for the
offence under Section 296, 351 (2), 351 (3), 118 (1) of BNS.
2. Prosecution story, in short, is that complaint was lodged by the
complainant namely Lakhan Vanshkaar at the police station concerned
to the effect that on 21/03/2025 at about 12 'O' clock in the midday on
account of land dispute, the present applicant assaulted the complainant
three times by means of knife resulting in multiple injuries sustained by
him. Accordingly, offence in question has been registered.
3. Learned counsel for the applicant / accused submits that
applicant is innocent and has been falsely implicated. He is in custody
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since 22.03.2025. He further submits that charge sheet has since been
filed and further custodial interrogation of the applicant may not be
required. He further submits that applicant has denied enlargement on
bail by the trial court on account of 17 criminal cases registered against
him forming criminal antecedents. It is further submitted that early
conclusion of the trial is bleak possibility and prolonged pre-trial
detention is an anathema to the concept of liberty. Applicant is
permanent resident of District - Vidisha (M.P.) and there is no possibility
of his absconsion or tampering with the prosecution evidence, if released
on bail. Hence, prayed for grant of bail to the applicant.
4. On the other hand, learned State counsel vehemently opposed
the bail application on the ground that applicant is habitual offender and
17 criminal cases have been registered against him forming criminal
antecedents and prayed for its rejection.
5. On which, learned counsel for the applicant has filed I.A No.
14914/2025, an application for taking documents on record, wherein, he
has placed on record judgments / orders / particulars of criminal cases
pending / decided against the applicant. He submits that in seven cases
applicant has been acquitted, three cases have been disposed of in Lok
Adalat, in three cases applicant is not accused, whereas, in three cases
trial is pending under the provisions of 323, 324, 506, 34 of IPC, in
which, he is on bail.
6. Heard learned counsel for the rival parties and perused the case
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diary.
7. Considering the totality of facts and circumstances of the case
and the nature of allegation levelled against the applicant and charge
sheet has since been filed and the offence is triable by Magistrate, but
without expressing any opinion on merits of the case, this application is
allowed and it is directed that applicant be released on bail on furnishing
a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
only) along with one solvent surety in the like amount to the satisfaction
of the trial Court/Committal Court.
8. This order will remain operative subject to compliance of the
following conditions by the applicant:-
i) The applicant will comply with all the terms and
conditions of the bond executed by him/her;
ii) The applicant will cooperate in the investigation
/trial, as the case may be;
iii) The applicant will not indulge himself /herself in
extending inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him/her
from disclosing such acts to the Court or to the Police
Officer, as the case may be;
iv) The applicant will not commit any other offence in
future. In case offence of same nature is repeated, this bail
order shall automatically stand cancelled;
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v) The applicant will not seek unnecessary
adjournments during the trial; and
vi) The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
9. Copy of this order be sent to the trial Court concerned for
compliance by the office of this Court.
10. Certified copy as per rules.
(AMIT SETH)
JUDGE
Durgekar
