The court granted bail considering the applicant's age, profession, and absence of major convictions, emphasizing the need for conditions to ensure compliance during the trial.

ORDER

This f irst application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.297/2024 registered at Police Station Sanawad, District Khargone (M.P.) for offence punishable under Section 140(1) of BNS,2023. Applicant is in judicial custody since 01.10.2024.

As per the case of prosecution, on 24.09.2024, Mehboob alias Bablu was abducted on the point of knife on 30.09.2024 by Sajid and his associates Wahid and Javed. They had taken Mehboob alias Bablu to forest near Juna Pani. Mehbooob was assaulted and confined in a car. He managed to escape finding an opportunity. On such allegations, P.S. Sanawad District Khargone (M.P.) registered FIR at Crime No 297/2024 for offence punishable under Section 140(1) BNS. 2023 against the applicant - Sajid.

Mehboob was forwarded for medico legal examination. No external injury 1 MCRC-45115-2024 was found. The statement of witnesses have been recorded. Applicant is in custody since 01.10.2024. He is in custody ever since. Relevant seizures have been made. Investigation is underway.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter merely on some money dispute. Learned counsel further submits that applicant is aged around 30 years. He is a Painter by profession. He is sole bread earner of his family. There is no likelihood of his absconsion leaving his family, home and profession. There is no likelihood of tampering with evidence by applicant. The further custodial interrogation is not needed in the matter. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra , learned Counsel for the State ably assisted by the counsel for objector oppose the bail application on the ground of gravity of the alleged offence and cites criminal history of 03 cases, wherein 02 cases of the year 2018 relate to offence punishable under the Public Gambling Act and one case of the year 2010 relates to Section 294 and 323 of IPC. .

In reply, learned counsel for the applicant submits that applicant has not been prosecuted and convicted for any major offences.

Heard learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant- Sajid S/o Jafar Ali shall be 2 MCRC-45115-2024 released on bail in relation to Crime No. 297/2024 registered at Police Station Sanawad, District Khargone(M.P.) for offence punishable under Section 140(1) of BNS, 2023, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :(For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;

(1) आवेदक संबंिधत यायालय क े िनदशानुसार सुनवाई क येक ितिथ पर उपथत रहेगा ।

(2) Applicant shall not commit or get involved in any offence of similar nature;

(2) आवेदक समान क ृित का क ेाई अपराध नह$ं करेगा या उसम% स&मिलत नह$ं होगा ।

(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;

(3) आवेदक करण क े त)य* से प+रिचत -कसी /य01 को य2 या अय2 3प से लोभन , धमक या वचन नह$ं देगा , जससे ऐसा /य01 ऐसे त)य* को यायालय या पुिलस अिधकार$ को कट करने से िनवा+रत हो ।

(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

(4) आवदेक य2 या अय2 3प से सा8 य