Bail may be granted based on socio-economic status and absence of prior convictions, balanced against the gravity of the alleged crime.

1. This first application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita , 2023 for grant of bail in connection with Crime No.175 of 2025 registered at Police Station-Shivgarh, District-Ratlam, (MP) for offence punishable under Sections 140 (2), 140(3), 126(2), 115(2) and

3(5) of BNS, 2023. Applicant is in judicial custody since 03.06.2025.

2. Heard the arguments.

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

4. 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. The victim Kali, her brother Laxman and her mother Kantubai did not mention the name of applicant as one of the assailant. No Test Signature Not Verified Identification Parade was conducted during the investigation. The complicity of applicant in the alleged offence of abduction is not made out. The final report has been submitted on completion of investigation. There is no likelihood of tampering with evidence by the applicant for the reason that he is a labourer and is not capable to influence the witness. Jail incarceration is causing hardship to the applicant and the dependent family members. Learned counsel submits that co-accused Rakesh has been extended benefit of bail vide order dated 27.06.2025, passed in M.Cr.C. No.25864 of 2025. The prosecution against the applicant is identical in nature. Applicant is ready to cooperate in the trial.

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence and cites three criminal antecedents against the applicant as mentioned in the case diary available on ICJS.

6. In reply, learned counsel for the applicant submits that the other matters are pending for trial. The applicant has never been convicted.

7. According to material available on case diary, Kali Bai was prosecuting maintenance case at Sailana Court. Kali Bai went to attend hearing on 27.05.2025 alongwith her mother Kantubai and her brother Laxman. When they were returning from the Court, Dinesh and his associates intercepted their motorcycle and forcefully abducted Kalibai. Dinesh took Kalibai forcefully on his motorcycle. Kalibai did not return for three days so her brother Laxman lodged FIR at Police Station - Shivgarh, District Ratlam. The Police Station Shivgarh registered FIR for offence punishable under Section 140 (3) of BNS, 2023. Later, prosecution for offence punishable under Section 140 (2) and 3(5) of BNS was added on allegation that accused had demanded Rs.5.00 Lakhs for Signature Not Verified release of Kalibai. The final report was submitted on completion of investigation. The applicant was arrested on 03.06.2025. The applicant is in custody ever since. The Test Identification Parade to verify the identity of the applicant as assailant was not conducted during investigation. The veracity of prosecution and the complicity of the applicant will be determined after evidence in the trial.

8. As informed, the applicant is aged 35 years and is labourer by profession. He has responsibility of dependent family members. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of substantial criminal past and previous conviction for any 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.

9. Considering the rival contentions and overall circumstances of the case, in the light of aforesaid facts, but without commenting on the merits, this Court is inclined to release the ap