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MP HC2026:MPHC-JBP:18472

RAGHVENDRA SINGH PARIHARv.THE STATE OF MADHYA PRADESH

HIGH COURT OF MADHYA PRADESH·9 Mar 2026·HON'BLE SHRI JUSTICE SANDEEP N. BHATT
Case No.
MISC. CRIMINAL CASE NO. 9190 OF 2026
Decided On
9 Mar 2026
Judges
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
Bench
Single
Advocates
Shri Sandeep Mahawar - Advocate for the applicant. Shri Aditya Gupta - Panel Lawyer for the respondent/State.
Citation
2026:MPHC-JBP:18472
Statutes
['Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023', 'Sections 294, 323, 307, 34 of IPC', 'Sections 25, 27 of Arms Act', 'Section 480(3), Bharatiya Nagarik Suraksha Sanhita, 2023']
Result
Allowed
bail applicationSection 483attempted murderArms Actparityballistic reportcriminal antecedents

Fourth bail application by an applicant accused of offenses including attempted murder (Section 307 IPC) and violations of the Arms Act. The prosecution alleges the applicant fired at Anoop Singh and assaulted Ashish. The applicant argues for bail based on the co-accused being granted bail, a favorable ballistic report, his age (68 years), lack of prior convictions, and the length of his custody (two years). The State opposes bail, citing the applicant as the main accused and the presence of eyewitnesses. The court considered these factors and granted bail.

When considering a bail application, courts must weigh the seriousness of the offense, the evidence against the accused, the potential for flight risk, and the principle of parity (similar treatment to co-accused). A favorable ballistic report, the age of the accused, lack of criminal history, and the co-accused being granted bail are relevant factors supporting the release on bail.

1.ORDER This is the fourth bail application filed on behalf of applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. The applicant is in jail since 12.03.2024 in connection with Crime No.57 of 2024 registered at P.S. Shahpura, District- Jabalpur for the offence punishable under Sections 294, 323, 307, 34 of IPC and Sections 25, 27 of Arms Act. His first and third bail applications were dismissed as withdrawn and second application was dismissed on merits. 3. Prosecution story in brief is that at alleged date, time and place, present applicant fired at Anoop Singh, which hit him on the neck and co- accused assaulted Ashish with butt of Katta and fired at him, which hit him in the leg. 4. Learned counsel for the applicant submits that the co-accused has been granted bail vide order dated 06.08.2025 who has played similar role. It is further submitted that the applicant has been falsely implicated in the case. He has further submitted that the ballistic report available on the record does not support the prosecution’s case. He further submitted that the applicant is aged 68 years having no criminal antecedents. The applicant has been in custody for the last two years. It is submitted that the co-accused has been granted bail and on the ground of parity, the case of present applicant may be considered. On above grounds, it is prayed that applicant be released on bail. 5. Learned counsel for the respondent/State, on the other hand, has strongly opposed the application and submits that the applicant is the main accused and there are two eye witnesses who are injured. Though the injuries are fortunately not caused much damage to the injured persons but the gun shot was fired with intention to cause damage to the injured person. Therefore, he prays for rejection of the bail application. 6. Charge sheet has been filed. The applicant is in custody since 12.03.2024. Trial will take considerable time to conclude. There is no criminal antecedents registered against the applicant. Considering the material available on record, more particularly the ballistic report and considering the nature of injuries received by the injured persons and also considering the age of the applicant and looking to the fact that the co- accused has been granted bail, on the ground of parity, I deem it proper to release the applicant on bail. 7. 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. He shall abide by all the conditions enumerated under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita, 2023. In case, if the applicant is found indulging in similar offences, then this order granting bail to the applicant shall stand cancelled 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. 9. M.Cr.C. stands allowed and disposed of. Certified copy as per rules. (SANDEEP N. BHATT) b