IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

th

ON THE 13 OF NOVEMBER, 2025 MISC. CRIMINAL CASE No. 49721 of 2025 RAKESH MEWADE Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Harshwardhan Sharma advocate for applicant.

Shri Apoorv Joshi public prosecutor for State.

ORDER

1. This third application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Crime No.490/2024 registered at Police Station Rajgarh District Rajgarh(M.P.) for offence punishable under Sections 191(1), 191(2), 296, 324(4), 331(6), 118(1), 118(2), 351(3), 115(2) of Bharatiya Nyaya Sanhita, 2023 and section 25(1-B)(b) of Arms Act. The applicant is in judicial custody since 30.9.2024. Earlier bail applications were dismissed as withdrawn vide orders dated 28.1.2025 and 15.4.2025 passed in MCRC Nos. 839/2025 and 13131/2025.

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 Signature Not Verified Signed by: BHUNESHWAR alleged offence over previous dispute regarding loan transaction. No offence, as alleged, is committed by the applicant. Learned counsel referring to the evidence of Jagdish (PW-2) and Lakhan (PW-3) contends that both the injured did not support the prosecution and exonerated the applicant. The material witness have been examined. There is no likelihood of tampering with remaining evidence by the applicant. Jail incarceration is causing hardship to the 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, Rakesh (applicant)

Sonu Mewade, Karan Mewade, Lucky Mewade, Arjun Mewade and Sunny entered house of Kamla Bai and Rakesh and assaulted Kamla Bai, Lakhan, Jagdish over the dispute with regard to outstanding amount of loan. Jagdish and Lakhan sustained multiple injury. It is alleged that applicant has assaulted Jagdish with Farsi. The P.S. Rajgarh registered FIR at crime No. 490/2024 for offence punishable under Sections 191(1), 191(2), 296, 324(4), 333, 118(1), 351(3), 115(2) of Bharatiya Nyaya Sanhita, 2023 at the instance of Prem Tanwar. The applicant was arrested on 30.9.2024. He is in custody ever since. The trial is underway. Material prosecution witness have been examined. The veracity of prosecution and complicity of applicant will be determined after evidence in the trial.

8. Considering the rival contentions and overall circumstances of the Signature Not Verified Signed by: BHUNESHWAR 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 allowed.

9. As informed, the applicant is aged around 24 years. He is a fisherman by profession and has the responsibility of dependent family. 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 remaining witnesses by the applicant. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.

9. Accordingly, it is directed that applicant- Rakesh shall be released on bail in connection with Crime as mentioned in first paragraph of this order, upon furnishing a personal bond in the sum of 50,000/- (Rupees Fifty Thousand only) with one surety of the same a