Anticipatory bail can be granted if the applicant shows no flight risk, compared to a co-accused with similar charges.

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. 39730 of 2025 BHARAT YADAV Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Teeka Ram Kurmi - Advocate for the applicant.

Shri Dinesh Prasad Patel - G.A. for the respondent/State.

ORDER This is first application filed by the applicant under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 438 of Cr.P.C., 1973 seeking anticipatory bail in connection with Crime No.339/2025 for the offence punishable under Sections 296, 115(2), 118(1), 118(2), 351(2) and 3(5) of BNS, 2023, registered at Police Station-Banda, District-Sagar (M.P.).

2. As per the prosecution story, main accused Ganesh Yadav have caused Farsa injury to the victim and the allegation against the present applicant is that he assaulted the victim by kicks and fists.

3. It has been contended by learned counsel for the applicant that the applicant is apprehending his arrest in the present case. It is submitted that co-accused has already been enlarged on bail by the court below vide order dated 1.9.2025 passed in Bail Application No.147/2025. The case of the applicant is on better footing as there is only allegation of assaulting the Signature Not Verified victim with kicks and fists. There is no kicks and fists injury sustained by the victim. Applicant is permanent resident of the locality and as such there is no possibility of his absconding or tampering with the evidence. On the basis, prayed for anticipatory bail.

4. Learned counsel for State has opposed the bail application on the ground that there is direct allegation against the applicant and the victim has sustained injuries on account of beating. It is submitted that investigation is still in progress, hence, applicant is not entitled to be released on anticipatory bail.

5. Considered the submissions of learned counsel for the applicant as well as the Public Prosecutor who read over the case diary before the Court, it is evident that main accused Ganesh Yadav who has caused injuries to the victim by Farsa has already been enlarged on bail by the Sessions Court. The allegation against the applicant is only in respect of assaulting by kicks and fists. Considering the aforesaid facts, this Court deems it appropriate to enlarge the applicant on anticipatory bail, therefore, without commenting anything on the merit of the case, the application is allowed.

6. It is directed that in the event of arrest, the applicant be enlarged on bail on furnishing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer for his appearance before the concerned during the course of investigation or during trial, as the case may be.

7. Applicant is directed to cooperate with the investigating agency Signature Not Verified and also appear in the first week of every month till final disposal of the case/trial.

8. It is further directed that the applicant shall abide by all the conditions as enumerated under Section 482 (2) of BNSS .