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2025 Supreme(Online)(MP) 11179

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Pramod Kumar Agrawal, J
Sanjay Bhatiya – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC-52278-2025 | MISC. CRIMINAL CASE No. 52278 of 2025



Advocates:
For the Appellants/Petitioners: Ravinandan Dwivedi
For the Respondents: Akshay Namdev

Grant of regular bail under Section 483 of BNSS to an applicant who previously jumped bail, subject to strict conditions, monthly police reporting, and a monetary penalty for the prior default.

Headnote:The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for offences under Sections 354(G), 294, 506, and 190 of the Indian Penal Code, Sections 7 and 8 of the POCSO Act, and Section 3(1)(w)(i) of the SC/ST Act. The applicant had previously been granted bail by the trial court but failed to appear, leading to a permanent arrest warrant and subsequent detention since 22.08.2025. The court considered whether the applicant's non-appearance was deliberate and whether his criminal record of 14 cases should preclude the grant of bail. The court observed that while the state opposed the application due to non-cooperation and criminal history, the applicant's plea for condonation of non-appearance and commitment to future attendance were noted. Consequently, this bail application under Section 483 of BNSS for grant of bail filed on behalf of applicant, stands allowed.

Table of Content
1. background of the application for regular bail following a previous bail jump and subsequent arrest. (Para 1 , 2)
2. competing arguments regarding the intentionality of non-appearance versus the impact of a significant criminal record. (Para 3 , 4)
3. grant of bail with stringent conditions and financial penalty to ensure trial cooperation. (Para 5 , 6 , 7 , 8)

ORDER

1. This first application has been filed by the applicant under Section 483 of BNSS for grant of regular bail relating to Crime No.141/2018 registered at Police Station Handia, District Harda (M.P.) for the offence punishable under Sections 354(G), 294, 506, 190 of IPC, 7/8 of POCSO Act and 3(1)(w)(i) of SC/ST Act . Applicant is in detention since 22.08.2025.

2. Earlier, the applicant was enlarged on bail by trial Court, but he could not appear before the trial Court on the fixed date, therefore permanent arrest warrant was issued against him and thereafter he has been arrested on 22.08.2025.

3. Learned counsel for the applicant has submitted that now the applicant is under custody since 22.08.2025. Unfortunately, the applicant could not appear before the Trial Court. The non appearance was neither deliberate nor wilful and therefore ought to have been condoned. It is further submitted that applicant will regularly appear before the Court and he will abide all the conditions as fixed by the Court. Therefore, it is prayed that applicant may be released on bail.

4. Learned counsel for the State opposed the bail application by submitting that applicant is not co-operating in the trial. Applicant has criminal record of 14 cases.

5. Having taken into consideration all the facts and circumstances of the case, but without commenting upon merits of the case, I am inclined to release the applicant on bail. Consequently, this bail application under Section 483 of BNSS for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial and he is further directed to mark his presence before the concerning Police Station on 15th of every month and is directed to cooperate in trial. He shall abide by all the conditions enumerated under Section 480 (3) of B.N.S.S. Applicant is also directed to co-operate in the trial and if he fails to appear before the trial court on further dates, this bail order shall be cancelled.

7. Trial Court is further directed to forfeit sum of Rs.5,000/- from the bail bond of applicant.

8. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

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