A bail application can be granted if there's insufficient evidence to justify continued detention, ensuring personal liberty is not compromised without substantial proof.

This first application has been filed by the applicant under Section 483 of BNSS, 2023 /439 of Cr.P.C. for grant of bail in connection with Crime No.315/2024 registered at Police Station Chainpur, District Khargone(M.P.) for offence punishable under Section 309, 310(2) of BNSS, 2023 . Applicant is in judicial custody since 12.09.2024.

As per the case of prosecution, on 23.08.2024, Pawan S/O Gopal Lal Garg reported to P.S. Chainpur Distt. Khargone that he was transporting cattle from Rajasthan to Bangalore. As his vehicle reached near Village Palone, some unknown persons pelted stones on the front glass of vehicle.

When he stopped Eicher Vehicle, unknown assailants boarded the cabin of Eicher vehicle. He was dragged down from the vehicle on the point of knife.

The assailants snatched his mobile phone and cash amount of Rs. 11,000/-

The helper Salman was also assaulted. Case amount of Rs. 5,000/- and mobile phone of Samsung company was looted from Salman. Thereafter, 1 MCRC-46938-2024 assailants fled away in his Eicher Vehicle alongwith the cattle loaded in it.

On such allegations, Police Station Chainpur Distt. Khargone registered FIR at Crime No. 315/2024 for offence punishable u/S 309 and 310(2) of BNS, 2023 against 6-7 unknown offenders. Injured were forwarded for medico legal examination. The applicant was apprehended on 12.09.2024 alongwith other co-accused Jalu and Bhuru. Cash amount Rs. 700/- was recovered and seized at the instance of applicant. The applicant was arrested on on 12.09.2024. He is in custody ever since. The statements of witnesses have been recorded. Relevant seizures have been made. Investigation is underway.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in the matter, merely on the basis of suspicion. No incriminating article was recovered from the applicant. Learned counsel further submits that applicant is aged 38 years. He is a labourer by profession and is the sole bread earner of the family. There is no likelihood of his absconsion leaving behind his family, home and profession. There is no likelihood of tampering with evidence by the applicant. No criminal antecedents are reported against the applicant. No further custodial interrogation is needed. Jail incarceration is causing hardship to the applicant and his family. The trial would take time to conclude. Therefore, the applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of alleged offence.

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

Considering the arguments advanced by both the parties and overall 2 MCRC-46938-2024 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- Arjun alias Guman S/o Manjariya shall be released on bail in relation to Crime No.315/2024 registered at Police Station Chainpur District Khargone(M.P.) for offence punishable under Section 309 and 310(2) of BNS, 2023, upon furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh 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 t