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 His first and third bail applications were dismissed as withdrawn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)
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