Bail may be granted when the accused is not shown to have committed the crime based on substantial evidence, considering socio-economic factors.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 5 OF AUGUST, 2025 MISC. CRIMINAL CASE No. 29930 of 2025 NASIR KHAN @ NASIR Versus THE STATE OF M.P.

Appearance:

Shri Mahendra Kumar Sharma - Advocate for the applicant.

Shri Apoorv Joshi - Govt. Advocate for the respondent/State.

ORDER This third application has been filed by the applicant under Section 483 of BNS S, 2023 for grant of bail in connection with Crime No.438/2024, registered at Police Station - Neelganga District- Ujjain, (M.P.) for offence punishable under Sections109, 61(2), 3(5), 249 of BNS and 25, 27 of Arms Act . Applicant is in judicial custody since 19.10.2024. His first bail application was dismissed on merit vide order dated 05.04.2025 passed in M.Cr.C. No. 12962/2025. His second application for temporary bail was dismissed as not pressed vide order dated

26.05.2025 passed in M.Cr.C. No. 21244/2025.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicant in addition to the grounds mentioned in the application submits that the applicant is falsely implicated in the alleged Signature Not Verified offence merely on the basis of statement of co-accused in police custody. No incriminating material is recovered at the instance of the applicant. He was not involved in the alleged incident of gun-shot firing. It was alleged that he had supplied the pistol which was used for alleged firing. However, no connecting evidence or ballistic report to substantiate this allegation is available in the chargsheet. Learned counsel further submits that the applicant is aged around 53 years. He is Hotelier by profession. There is no likelilhood of his absconsion leaving the family, home and profession. There is no likelihood of tampering with evidence by the applicant. Applicant is in custody since 19.10.2024. Jail incarceration of the applicant is causing hardship to the applicant and his dependent family. The applicant is ready to cooperate in further investigation.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel for the State referred to 05 criminal antecedents as mentioned in the case diary. In reply, learned counsel for the applicant submits that applicant stand acquitted in Crime No. 57/2016 , 518/2011 registered at P.S. Madhav Nagar, Ujjain and Crime No. 395/2018 registered at P.S. Jiwajiganj, Ujjain. Other two matters are pending for trial. Applicant has never been convicted.

According to the material available on case diary, Guddu alias Kalim reported to P.S. Neelganga on 09.10.2024 that some unknown offenders had fired gun shot at him in the morning of 04.10.2024. Accordingly, P.S. Neelganga registered FIR at Crime No. 438/2024 for offence punishable u/Sec 109 of BNS , 2023 against unknown offenders. On suspicion, Imran was apprehended. Imran informed that Sohrab had provided him gun. Accordingly Signature Not Verified Sohrab was apprehended. Sohrab informed that Mintu had provided him gun which belongs to his father-in-law Nasir(applicant). Accordingly, Nasir was apprehended on 19.10.2024. The veracity of prosecution will be determined after evidence in the trial. As informed, the applicant is aged 53 years and is hotelier by profession and has the responsibility of family.

Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any substantial criminal past or previous conviction for any major offence, considering the socio economic status of the applicant, there appears to be no likelihood of tempering with evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present app