IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 27 OF NOVEMBER, 2024 MISC. CRIMINAL CASE No. 50591 of 2024 BHUPENDRA ALIAS SONTU Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Priyesh Ghosh, learned counsel for the applicant.

Shri Amit Raval GA for the State.

ORDER This first bail application has been filed by applicant under Section

483 of BNSS, 2023 for grant of bail in connection with Crime No.409/2024 registered at Police Station - Jawad, District - Neemuch (M.P.) for offences punishable under Section 303 (2) of BNSS, 2023 Applicant is in judicial custody since 27/09/2024.

As per the case of prosecution, motorcycle bearing registration no.

MP-44-MC-7462 was stolen from the possession of Tejmal S/o Prabhulal Meena. Police Station - Jawad, District - Neemuch (M.P.) registered FIR at Crime No.409/2024 for the offences punishable under Section 303(2) of BNSS, 2023. Applicant Bhupendra was apprehended on 27/09/2024. At the instance Bhupendra and other accused Vishal, Pradeep and Rahul, seven motorcycles were recovered and seized including the motorcycle reported by Tejmal.. On completion of investigation, final report was submitted..

Signature Not Verified Signed by: AMOL 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 shall be released on bail in connection with Crime as stated in para-1 of this order, upon Signature Not Verified Signed by: AMOL 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.

C.C. as per rules.

(SANJEEV S KALGAONKAR)

JUDGE amol Signature Not Verified Signed by: AMOL