The court granted bail based on the applicant's age, socio-economic status, and lack of serious criminal history, determining no compelling reason for continued incarceration.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 18 OF AUGUST, 2025 MISC. CRIMINAL CASE No. 36002 of 2025 AASIM Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Mohd Hashim - Advocate for the applicant.

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

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

483 of BNSS , 2023 for grant of bail in connection with Crime No 183/2025 registered at Police Station- Jaora City, District- Ratlam (M.P.) for offence punishable under Section 299 , 333, 296, 115(2), 351(2) and 3(5) of BNS, 2023 . Applicant is in judicial custody since 24.05.2025.

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 offence. Applicant has not committed the alleged offence. Minor altercation is given colour of disturbing the religious harmony to aggravate the allegations. The final report has been submitted on completion Signature Not Verified of investigation. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and the dependent family. Applicant is ready to cooperate in trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel for the State refers to 06 criminal antecedents as mentioned in the case diary.

In reply, learned counsel for the applicant submits that the applicant stands acquitted in five matters. In the other matter bearing Crime No. 26/2025, applicant has been extended benefit of bail. Applicant has never been convicted for any major offences.

According to the material available on case diary, complainant -

Suraj reported to P.S. Jaora that on 23.05.2025, around 17:40 hrs, he and Ganesh were chatting near Rajshree Namkeen. Aasim objected and abused them in filthy language with reference to their caste. Thereafter, Aasim came inside his shop and slapped him. Salim Qureshi and Rukhsana also came there and threatened to kill him. The P.S. Jaora City registered FIR for offence punishable u/S 299, 333, 296, 115(2), 351(2) and 3(5) of BNS, 2023. Complainant Suraj was forwarded for medico legal examination. But no serious injury was reported by the Medical officer. Applicant was arrested on 24.05.2025. The final report was submitted on completion of investigation. Co-accused were not apprehended, rather. they were given notice u/S 35(3) of BNSS , 2023. The veracity of prosecution will be determined after evidence in the trial.

As informed, the applicant is aged 24 years and is a Driver by Signature Not Verified 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 and previous conviction for any major offence, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering 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 application only.

Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicant-Aasim shall be released on bail in connection with Crime, as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the same amount to