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

nd

ON THE 22 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 1707 of 2026 VISHNU @ RAJJAK Versus THE STATE OF MADHYA PRADESH Appearance:

Mr. Sy. Fardin Meer - Advocate for the applicant.

Ms. Usha Chauhan GA for the State.

ORDER

1. This first application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 535 of 2025 registered at Police Station- Industrial Area- Jaora, District - Ratlam (M.P.) for offence punishable under Sections 309(4) of the BNS, 2023. Applicant is in judicial custody since 23/11/2025.

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 merely on suspicion. The accusation and investigation is faulty, doubtful and improbable. The complainant Salim Khan did not report that his purse containing Aadhar Card was snatched and looted by unknown offenders, rather he had reported that cash amount of Rs. 38,300/- was taken by the offenders. No test identification parade was conducted to verify the identify of the applicant as an assailant. The alleged offence is not committed by the applicant. The final report has been submitted on completion of investigation. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and his dependent family. Applicant is ready to cooperate in further trial. The alleged offence is not heinous or brutal in nature affecting society at large.

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence and submits that the complicity of the applicant is made out from the material on case diary. The purse of the complainant Salim along with Aadhar Card was recovered at the instance of applicant. Applicant is aged 30 years. He is labourer by profession. Learned counsel further refers to 11 criminal antecedents as mentioned in the case diary.

6. In reply, learned counsel for the applicant submits that the applicant was acquitted in 7 maters. Rest of the matters are pending for trial. He has never been convicted for any offence. He submitted details of acquittal, which are taken on record.

7. As per the accusation on case diary, complainant Salim Khan reported to the Police Station - Industrial Area, Jaora, District - Ratlam that on 05/10/2025, he was working on his welding shop. Three persons came from behind. Two persons caught hold of his hand and third person snatched Rs. 38,300/- cash from the pocket of his lower. All the three persons fled away. On such allegation, the Police Station - Industrial Area, Jaora registered FIR for offence punishable under section 309(4) of the BNS, 2023 against unknown offenders. On secret information, the applicant Vishnu was apprehended on 23/11/2025. One purse containing Aadhar Card of Salim Khan was recovered at the instance of applicant. The contentions advanced by the applicant have prima-facie merit and cannot be dismissed as manifestly baseless.

8. As informed, the applicant has the family responsibility of aged parents. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of previous conviction for any offence, considering the socio-economic status of the applicant, there appears to be no likelihood of recidivism or tampering with evidence or influencing the 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. Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without