The court granted bail based on insufficient evidence implicating the applicant, emphasizing the importance of direct connection to the crime for custody.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEEPAK KHOT

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ON THE 27 OF SEPTEMBER, 2025 MISC. CRIMINAL CASE No. 40797 of 2025 AMAN VERMA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Saurabh Shrivastava - Advocate for the applicant.

Ms. Shikha Singh Baghel - Panel Lawyer for the respondent/State.

ORDER This is first application filed by the applicant under Section 483 of BNSS for grant of regular bail in relation to Crime No.101/2025 registered at Police Station - Katara Hills, Bhopal, District Bhopal (M.P.) for the offences punishable under Sections 103(1), 109, 118(2), 3(5), 451(3), 125(B), 115(2)

and 296 of B.N.S. The applicant is in custody since 20.5.2025.

The prosecution story, in short is that on 10/05/2025, complainant Hariom Giri lodged a complaint against three named persons and some other unknown person and alleged that, on 9/05/2025 at about 11:00 PM when the wedding reception of his nephew Ramu Giri was going on in Laharpur village, then co-accused persons namely Nagua @ Nagendra Vishwakarma, Dhanua @ Dhanraj Vishwakarma, Deenu and others came to his wedding reception program and over an old rivalry, they started abusing and throwing stone.

It is contended by learned counsel for the applicant that the applicant has Signature Not Verified Signed by: VAIBHAV been implicated on the basis of memorandum of main accused Nagua @ Nagendra Vishwakarma. It is submitted that as per allegation, three accused persons namely Nagendra, Dhanraj and Deenu with other persons have caused injuries to four persons, out of which one Rajni had succumbed to death because of the head injury caused by hard and blunt object. It is further submitted that no Test Identification Parade of the applicant has been done who was not known to the injured person at the time of the incident. The CCTV footage also does not disclose the name and identity of the applicant. The applicant has been implicated and his memorandum has been recorded on the basis of which one sword was seized. However, there is no injury of incised or penetrated wound to any of the injured person or deceased. The applicant has been in custody since 20/05/2025. Therefore, it is prayed that the applicant may be released on bail pending the trial.

Per contra, learned Public Prosecutor has opposed the bail application on the ground that though name of the applicant does not find place in the F.I.R. but his connection with the crime has been established on the basis of memorandum statement of one lead accused Nagendra. For identification of the unknown accused, CCTV footage clippings have been shown to the injured who have identified other accused persons but presence of the applicant has not been identified in the CCTV footage and, therefore, on these grounds, learned Public Prosecutor prayed for rejection of the application.

Considering the submissions of learned counsel for the parties and the statements read over by learned Public Prosecutor before this court, it is evident that name of the present applicant is not mentioned in the F.I.R.

Signature Not Verified Signed by: VAIBHAV However, it is stated that along with the lead accused, some other unknown persons arrived at the spot and caused injury by stone and rods. There is no mention that any of the accused has caused injury by sword. The investigating agency has collected CCTV footage which discloses only identity of ten persons. In that also, the applicant's identity could not be disclosed. The sword which has been seized from the applicant is not connected with the crime as there is no injury of incised wound or penetrated wound found to be inflicted on either injured or deceased.

Considering the totality of the facts and the period of incarceration and the involvement of the applicant based on the memorandum, without commenting on the merits of the case, this court is inclined to release the applicant on bail. Consequently, bail application under Section 483 of BNSS for grant of bail filed on