Bail granted based on socio-economic factors and absence of criminal antecedents, highlighting judicial discretion in evaluating custody necessity.

1. This first application has been filed by the applicant under Section 483 of BNSS , 2023 for grant of bail in connection with Crime No. 452/2025 registered at Police Station - Station Road, Ratlam District Ratlam (M.P.) for offence punishable under Section 103 (1), 109(1), 115(2), 296, 3(5) of the BNS, 2025.

Applicant is in judicial custody since 28/06/2025.

2. Heard the arguments.

3 . Perused the grounds for grant of bail stated in the application, case diary 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. It is a case of false over implication wherein all the relatives and acquaintance of the accused party have been implicated. Learned counsel contends that there was a quarrel over previous dispute on petty incident of dancing at a marriage function. Allegedly, Vikas snatched wooden stick from applicant and assaulted Manoj. Manoj did not suffer any grievous injury or fracture. The final Signature Not Verified Signed by: AMOL 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 poor labourer and not capable to influence the witness. Co-accused Gaurishankar has been extended the benefit of bail by this Court vide order dated 16/09/2025 passed in MCRC no. 41211/2025. Jail incarceration is causing hardship to the young applicant. 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. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant. 6. According to the material available on case diary, the complainant party had an altercation with Pramod @ Pamma over dancing in a commontation on 26.5.2025. Pramod came to attend the marriage of Deepak (applicant). There was an altercation between Shyamlal, Dashrath and Manoj with Pramod. Jagdish and Pramod assaulted Shyamlal with wooden stick. Vinod and Sunil assaulted Dashrath with wooden stick. Vikas and Deepak (applicant) assaulted Manoj with wooden stick. Local villagers gathered. The accused also assaulted Chainubai. Shyamlal, Dashrath, Manoj, Chainubai and Sanjay sustained injuries. Shyamlal was taken for treatment to Government Hospital, Ratlam. The Medical Officer declared him dead. Manoj and Dashrath were admitted for treatment. The Police Station, Station Road, Ratlam registered FIR for offence punishable under Sections 103 (1), 109(1), 115(2), 296, 3(5) of BNS on complaint of Sanjay against the applicant and the co-accused. The x-ray and CT-Scan report show no fracture or abnormality on skull or brain of Manoj. Co-accused Gaurishankar has been extended the benefit of bail by this Court. The veracity of prosecution, role and complicity of applicant, as also nature of injury sustained by Manoj will be determined after evidence in the trial. The trial would take time to conclude.

Signature Not Verified Signed by: AMOL

7. As informed, the applicant is aged around 20 years and is a labourer by profession. He is still dependent on his family and survives on ocassional labour work. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedents, 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 young applicant. However, the observations, herein-above, are recorded for present application only.

8. Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is a