Court emphasized the importance of age and absence of criminal history in granting bail, allowing freedom for a 72-year-old applicant.

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

th

ON THE 26 OF SEPTEMBER, 2025 MISC. CRIMINAL CASE No. 42343 of 2025 BRIJMOHAN CHORPRA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Kunal Dubey - Advocate for the applicant.

Shri Shivam Dubey - Panel Lawyer for the respondent/State.

ORDER This is the first bail application filed by the applicant under Section

483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ' BNSS ') for grant of regular bail relating to FIR/Crime No. 239/2025, registered at Police Station GRP Chowki Pipariya, District Narmadapura, for the offence punishable under Sections 305(c), 309(6), 296 and 3(5) of BNS, 2023 The applicant is in custody since 29.08.2025.

2. It is submitted by the learned counsel for the applicant that the applicant is aged about 72 years. As per the cause title, the applicant is a permanent resident of Shed No.10-A, Industrial Estate, Adhartal, Jabalpur, where he runs a business. There is no chance of his absconding. The allegation against the applicant is that he alongwith co-accused Ashish Sharma, who is alleged to be a police personnel, searched one Sheetla Panika and taken away the money i.e. Rs.1,18,000/- kept in a bag (Potli). The said Signature Not Verified Signed by: RAGHVENDRA money has been seized from the co-accused Ashish Sharma. It is submitted that the applicant has nothing to do with the said money. However, on the allegation that the applicant with the co-accused has searched Sheetla Panika and taken away the money kept in a bag, the applicant has been apprehended. There is no criminal past against the present applicant and on the basis prayed for regular bail.

3. Per contra, learned counsel for the State has opposed the application on the ground that on the allegation of the person from whom the money bag has been taken away, the applicant and the co-accused have been made accused and on the basis prayed for dismissal of the application.

4. Considered the submissions of the learned counsel for the parties and the statements read over by the learned counsel for the State from the case diary before the Court, it is evident that the applicant has been made accused on the basis of the statement of Sheetla Panika that the applicant with the co-accused has taken away the bag containing Rs.1,18,000/-, however, the said money has already been recovered from the co-accused Ashish Sharma. Learned counsel for the State, on the basis of the case diary, has submitted that there is no criminal past against the applicant, who is aged about 72 years. The co-accused Swati Rao, who had also escorted the applicant to police station, has already been enlarged on bail by the trial Court vide order dated 17.09.2025 passed in Bail Application No. 83/2025 by the First Additional Sessions Judge, Pipariya, District Narmadapuram. Therefore, considering the totality of the facts and circumstances of the case Signature Not Verified Signed by: RAGHVENDRA and the fact that the co-accused having similar allegations, has already been enlarged on bail and also looking to the age of the applicant i.e. 72 years, without commenting anything on merit of the case, this application is allowed.

5 . It is directed that applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial court concerned for his appearance before the said court on all such dates as may be fixed by that court in this regard during pendency of trial.

6. In addition, the applicant shall also mark his presence before the Station House Officer (SHO) concerned fortnightly, till the disposal of the case.

7. It is also to be observed that the son of the applicant has given affidavit that the applicant is a permanent resident of the address