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2024 Supreme(Online)(MP) 38539
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SANJEEV S KALGAONKAR, J
Bhupendra Ails Sontu – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 50387/2024
Jitendra Singh,Advocate General
The court granted bail based on the applicant's circumstances, emphasizing the need to assess the likelihood of absconding and tampering with evidence.
Headnote:(A) BNSS, 2023 - Section 303(2) - Application for bail - Applicant in judicial custody since 27/09/2024 for alleged theft of motorcycle - Arguments presented by applicant included false implication and lack of likelihood of absconding or tampering with evidence - Respondent opposed bail on grounds of gravity of offence and criminal antecedents - Court considered overall circumstances and granted bail, emphasizing conditions for securing presence at trial. (Paras 1, 5, 7)
(B) Bail - Criteria for grant - The court must evaluate the likelihood of absconding, tampering with evidence, and the severity of the alleged offence - The applicant's age, profession, and current custody status are relevant considerations. (Paras 3, 4, 6)
Facts of the case:
The applicant, a 23-year-old labourer, was arrested in connection with a motorcycle theft case, with claims of false implication. The prosecution cited seven criminal antecedents against him, but the applicant argued against the likelihood of absconding and tampering with evidence.
Findings of Court:
The court found sufficient grounds to grant bail, considering the applicant's circumstances and the nature of the allegations without commenting on the merits of the case.
Issues: The primary issue was whether the applicant should be granted bail considering the alleged severity of the offence and prior criminal record.
Ratio Decidendi: The court noted that the decision to grant bail is based on the assessment of the applicant's likelihood to abscond or tamper with evidence, as well as the gravity of the offence, leading to the conclusion that bail could be granted under the given circumstances.
Result: Bail application allowed.
This first bail application has been filed by applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No.363/2024 registered at Police Station - Jawad, District - Neemuch (M.P.) for offences punishable under Section 303 (2) of BNS, 2023. Applicant is in judicial custody since 27/09/2024.
The Police Station - Jawad, District - Neemuch (M.P.) registered FIR at Crime No.363/2024 for the offences punishable under Section 303(2) of BNSS, 2023 . Applicant Bhupendra was apprehended on 27/09/2024. At the instance of Bhupendra and other accused Vishal, Pradeep and Rahul, seven motorcycles were recovered and seized including the motorcycle As per the case of prosecution, motorcycle bearing registration no.
MP-44-MQ-5562 was stolen from the possession of Kailash S/o Ramgopal Patidar. reported by Kailash. On completion of investigation, final report was submitted.
Learned Counsel for the applicant in addition to the grounds mentioned in the application, submits that the applicant has been falsely implicated in this matter. Applicant is aged around 23 years and is a labourer by profession. There is no likelihood of his absconsion leaving his family, home and profession. There is no likelihood of tampering with the evidence by the applicant. No further custodial interrogation of the applicant is 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 respondent/State opposes the bail application on the ground of gravity of alleged offence and cites seven criminal antecedents against the applicant.
In reply, learned counsel for the applicant submits that all the cases relate to same seizure of motorcycle at the instance of applicant and co-accused.
- 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 -Bhupendra @ Sontu shall be released on bail in connection with Crime as stated in para-1 of this order, upon furnishing personal bond and surety bond of amount, as may be considered appropriate by the Trial Court/the Committal Court for compliance with conditions, as may be imposed by such Court to secure presence of the applicant for the trial under Section 437(3) of Cr.P.C., 1973/Section 480(3) of BNSS, 2023.
- This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the concerned Court may consider, on merit, cancellation of bail without any impediment of this order.
- The concerned trial court shall get the conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of the them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.
