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

th

ON THE 8 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 50688 of 2025 MUJAHID Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Hariom Choudhary - Advocate for the applicant.

Shri Amit Raval - Govt. Advocate for the respondent/State.

ORDER I.A. No. 17078/2025, an application application for taking documents on record is taken up.

For the reasons stated in the application, the same is hereby allowed and closed.

Documents are taken on record.

This first application has been filed by the applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Crime No. 254/2025 registered at P.S. Kurawar District Rajgarh (M.P.) for offence punishable under Sections 331(4), 305(a) and

317 of BNS, 2023. Applicant is in judicial custody since 18.07.2025.

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. No offence, as alleged, is committed by the applicant. The complainant and witness of seizure, Kishore Nagar(PW-1) has been examined. He did not support the case of prosecution. There is no likelihood of tampering with remaining evidence by the applicant. Jail incarceration is causing hardship to the applicant and his dependent family. Applicant is ready to cooperate in the trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence and refers to 14 criminal antecedents against the applicant, as mentioned in the case diary.

In reply, learned counsel for the applicant submits that applicant was acquitted in Crime No(s). 485/2021, 79/2022 and 256/2023. The other matters are pending for trial. Applicant has never been convicted for any offence.

According to the material available on case diary, a theft was committed at the godown/house of Kishore Nagar in the intervening night of 9-10/07/2025. The crop of wheat and garlic, three electric water pumps, electronic weighing machine, mobile phone and cash Rs. 3,000/- were stolen. Accordingly, P.S. Kurawar registered FIR for offence punishable uS 331(3) and 305(a) of BNS, 2023 against unknown offenders. During investigation, applicant - Mujahid was arrested on 18.07.2025. 09 gunny bags of garlic, one water pump, two jaldhara motors and an electronic weighing machine was recovered at the instance of applicant. Complainant and witness of seizure, Kishore Nagar (PW-1) has been examined. The offence is triable by JMFC. The trial is underway. The veracity of prosecution and complicity of the applicant in the alleged offence will be determined after evidence in the trial.

As informed, the applicant is aged 32 years. He runs a welding shop and has responsibility of dependent family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of previous conviction for any major offence, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with remaining evidence or influencing the witnesses by the applicant. The trial would take time to conclude. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.

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, but with certain stringent conditions in view of criminal antecedents of the applicant. Thus, the application is allowed.

Accordingly, it is directed that applicant- Mujahid shall be released on bail in connection with Crime, as mentioned in first paragraph of this order, upon furnishing a persona