ORDER
They are heard. Perused the case diary/challan papers.
2] This is the applicant's first bail application filed under Section 483 of B.N.S.S./ 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.18/2025 registered at Police Station Lasudiya, District Indore (MP) for offence punishable under Sections 74, 75, 78, 351(3) and 324(4) of B.N.S., 2023. The applicant is in custody since 08.07.2025.
3] The allegation against the applicant is of stalking and causing mischief, as it is alleged that the applicant was stalking the complainant, and on the date of incident he also threw stones on the car of the complainant, causing loss of Rs.40,000/-
4] Counsel for the applicant has submitted that earlier the applicant was granted bail by the Police itself, and was issued notice under Section 41-A of Cr.P.C., however, since offence under Section 74 is a case triable by Sessions
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Court, the applicant was arrested, and he is lodged in jail since 08.07.2025. It is further submitted that the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and applicant be released on bail.
5] Counsel for the respondent / State, on the other hand has opposed the prayer, and it is submitted that looking to the conduct of the applicant, no case for grant of bail is made out.
6] Having considered the rival submissions, perusal of the case diary, as also the FIR lodged by the complainant, this Court is inclined to allow the present application, however, subject to the applicant depositing a sum of Rs.40,000/- in the Trial Court.
7] Accordingly, without reflecting anything on the merits of the case, the application filed under Section 483 of BNSS, 2023 / 439 of Cr.P.C. on behalf of the applicant is hereby allowed subject to deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) by the applicant or any other person on his behalf, and the said amount shall be subject to the final outcome of the case by the trial Court. It is further directed that upon applicant's depositing a sum of Rs.40,000/- (Rupees Forty Thousand only) in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court, he shall be released on bail on his furnishing a bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the Court. The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the
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(SUBODH ABHYANKAR)
JUDGE
applicant and shall be subject to the final decision of the case by the trial Court'. The applicant shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
8] Accordingly, present application is allowed and disposed of. Certified copy as per rules.
Bahar
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