Bail granted under BNS, 2023 based on lack of incriminating evidence, age of applicant, and no prior criminal history.

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. 151/2025 registered at Police Station - Nagda, District Ujjain(M.P.) for offence punishable under Section 103(1) , 332 and 115(2)of BNS. Applicant is in judicial custody since 03.04.2025.

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 merely on suspicion and his inculpatory statement before the police. No incriminating material connecting the applicant with Signature Not Verified the alleged offence has been recovered during investigation. No offence, as alleged, is committed by the applicant. The prosecution is based on circumstantial evidence. There is no likelihood of tampering with evidence by the applicant for the reason that he is not capable to influence the evidence. Final report has been submitted on completion of investigation. Jail incarceration is causing hardship to the young applicant and his family.

Applicant is ready to cooperate in trial.

Per contra, learned counsel for the State ably assisted by learned counsel for the objector opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

According to the material available on case diary, Jyoti Jain w/o Sunil Jain reported to P.S. Nagda on 28.03.2025 that she went to meet her sister-in-law(jethani) Preeti Jain around 8:45 in the night on 24.03.2025 at her home. The doors were open. She found Preeti Jain in unconscious injured condition. She took Preeti Jain for treatment to Janseva Hospital. Preeti was referred for treatment to Ujjain where she is undergoing treatment. When she again visited house of Preeti, she saw some pieces of cement blocks in the room at first floor. She suspects that some unknown offender had assaulted Preeti with cement block. On such allegations, P.S. Nagda registered FIR for offence punishable u/S 332 and 115(2) of BNS, 2023. Preeti Jain succumbed to death on 30.03.2025 around 10:00 p.m. while she was undergoing treatment at Tejankar Hospital, Ujjain. The dead body of Preeti Jain was forwarded for post-mortem examination. The Medical Officer opined that Signature Not Verified Preeti had died due to head injury. Applicant Yashwardhan Singh was apprehended on suspicion. He informed that he is neighbour of Preeti Jain. he was exercising on terrace of his house on 24.03.2025. His ear-buds fell down on terrace of Preeti Jain. When he went to pick up his ear-buds, Preeti Jain objected and suspected that he had come for theft. Preeti Jain slapped him and threatened to inform his father. He picked up cement block and assaulted Preeti Jain on her head. Thereafter, he returned to his house. His sando baniyan and lower were recovered at the instance of applicant, which were forwarded for examination by Serologist. Applicant was arrested on 03.04.2025. The report of Scientific Officer, RFSL, Rau reveals that sando baniyan and lower seized at the instance of the applicant although contains traces of blood, but the class of blood could not be determined, as the quantity is insufficient. There is no opinion that the traces of blood on cloths seized at the instance of applicant contain human blood. The direct implicating evidence is not available. The trial is underway. The veracity of prosecution and complicity of applicant will be determined after evidence in the trial. The trial would take time to conclude.

As informed, the applicant is aged around 18 years. He is pursuing his studies and is still dependent on his family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antece