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CDJ 2026 MPHC 256
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| Court : High Court of Madhya Pradesh (Bench at Indore) |
| Case No : MISC. Criminal Case No. 30114 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE RAJENDRA KUMAR VANI |
| Parties : Mahesh Alias Toni Versus The State Of Madhya Pradesh |
| Appearing Advocates : For the Applicant: Rahul Vijaywargiya, Advocate. For the Respondent: Sunit Kapoor appearing on behalf of Advocate General. |
| Date of Judgment : 10-08-2026 |
| Head Note :- |
Arms Act - Section 25 -
Comparative Citation:
2026 MPHC-IND 22187,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 483 of B.N.S.S., 2023
- Sections 109, 296(A) of BNS
- Section 25 of the Arms Act
2. Catch Words:
- Bail
- False implication
- Injuries
- Conditions of bond
- Surety
- Trial
- Investigation
3. Summary:
The applicant filed an application under Section 483 of the B.N.S.S., 2023 seeking bail for offences under Sections 109, 296(A) of BNS and Section 25 of the Arms Act. Counsel argued the applicant’s innocence, lack of serious injury, and pending trial, while the State opposed bail. After hearing both sides, the Court, without commenting on the merits, allowed the bail application subject to a personal bond of Rs. 50,000 with a surety and a set of stringent conditions, including cooperation with investigation, no inducement of witnesses, no similar offences, and regular police reporting. The order is to be communicated to the trial court for compliance.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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1. This is first application filed by the applicant under Section 483 of B.N.S.S., 2023 for grant of bail relating to Crime No.1484 of 2025 registered at Police Station Lasudia, District Indore (M.P.) for the offences under Sections 109, 296(A) of BNS, and Section 25 of the Arms Act.
2. It is submitted by the learned counsel for the applicant that the present applicant is innocent and has been falsely implicated in this case. He is in custody since 29.11.2025. The charge sheet has already been filed, though the statement of complainant is yet to be taken by the learned Trial Court. It is further submitted that there are two injuries i.e lacerate wound of 4 x 2 cm on left forearm and lacerated wound of at right thigh. Both the wounds are not on the vital parts of the body and moreover, the wounds are not so deep which may be proved dangerous to lie. The possibility of profuse bleeding has been shown by the concerned doctor. No case under Section 109 of the BNS is made out. There are eight other cases registered against the present applicant but he has not been convicted in any of them, all other cases are pending. He has a good case on merits. One another case is registered against him but he has been falsely implicated in that case. Conclusion of the trial will take time. He is ready to abide by the terms and conditions which may be imposed by this Court. On these grounds, learned counsel prays for grant of bail to the applicant.
3. Per contra, learned counsel for the State has opposed the bail application.
4. Heard learned counsel for the parties and perused the case diary.
5. Considering the submissions advanced by learned counsel for the parties and facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed, but with stringent conditions and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court/committal Court.
6. This order will remain operative subject to compliance of the following conditions by the applicant:-
"i) The applicant will comply with all the terms and conditions of the bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the case may be;
iii) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
iv) The applicant shall not commit an offence similar to the offence of which he is accused;
v) The applicant will not seek unnecessary adjournments during the trial;
vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;
vii) The applicant shall mark his presence before the concerned Police Station once in a fortnight (every 15 days) till conclusion of the trial.
viii) If any of the aforesaid conditions is violated, then this order shall lose its effect automatically."
7. Copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
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