BAIL GRANTED: APPLICANT'S FOURTH BAIL APPLICATION ALLOWED AFTER EXAMINATION OF INJURED WITNESSES.

The applicant, Mohan Singh, filed his 4th bail application under Section 483 of BNSS, 2023, for offenses under Sections 109, 191(2), 191(3), 296, 115(2), 324(5), 326(a), 326(b) of the BNS 2023, in connection with Crime No. 286/2025 registered at Police Station - Tarana, District Ujjain (M.P.).

He has been in judicial custody since 18.05.2025.

His previous three bail applications were dismissed as withdrawn, with the third one dismissed with liberty to renew the prayer after the evidence of injured Shivpal Singh and Balu Singh.

Subsequently, nine prosecution witnesses, including all injured witnesses, have been examined.

The First Information Report (FIR) was lodged by Sumer Singh Parihar on 13.05.2025, alleging that on 12.05.2025, a group including the applicant, Mohan Singh, came to their house armed with various weapons, pelted brick bats, and Moti Singh fired a gunshot at Shivpal Singh, causing pellet injuries.

Balu Singh was assaulted with a sword, and Ashabai was hit with a wooden stick.

The accused also damaged household articles, a tractor, motorcycles, and cars, and set curtains ablaze after splashing petrol.

The injuries to Shivpal Singh and Balu Singh were reported as life-threatening.

The applicant was arrested on 18.05.2025.

A co-accused, Hadmat Singh, was granted bail on 03.02.2026.

The applicant has two criminal antecedents, but was acquitted in one matter and the other is pending trial, with no prior convictions.

1. Whether the applicant, Mohan Singh, is entitled to be released on bail under Section 483 of BNSS, 2023, considering the examination of nine prosecution witnesses, including all injured witnesses, and the co-accused being granted bail.

The court applied the principles governing the grant of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS, 2023), which allows for bail by the High Court.

The court considered factors such as prior applications being withdrawn with liberty to renew, the stage of the trial (examination of material prosecution witnesses), identical prosecution against co-accused who have been granted bail, the gravity of the alleged offense, criminal antecedents, the applicant's age and profession, and the likelihood of the applicant fleeing from justice, tampering with evidence, or influencing witnesses.

The court noted that this was the applicant's 4th bail application, filed after the dismissal of previous applications as withdrawn, with the third allowing renewal after the examination of injured witnesses.

Crucially, nine prosecution witnesses, including all injured witnesses, have already been examined, and the co-accused Hadmat Singh has been granted bail.

The counsel for the applicant argued that the witnesses did not support the prosecution, an amicable settlement was reached, and the applicant was falsely implicated and not present at the spot, having only general and omnibus allegations against him.

While the State opposed the application due to the gravity of the offense and two criminal antecedents, the applicant clarified that he was acquitted in one case and the other was pending, with no convictions.

The court observed that all material prosecution witnesses have been examined and the trial would take time, finding prima facie merit in the applicant's contentions.

Considering the family responsibility, age (around 60 years), profession (labourer), and the absence of a criminal past (no prior convictions), the court found no possibility of the applicant fleeing or tampering with evidence or witnesses.

The court further noted the co-accused was granted bail and the prosecution against the applicant was identical.

This decision was based on considering the rival contentions and overall circumstances, particularly the examination of all material prosecution witnesses (including injured witnesses), the time the trial would take, the grant of bail to a co-accused with identical prosecution, and the applicant's lack of prior convictions, without commenting on the merits of the case.

He is to furnish a personal bond of Rs. 50,000/- with one surety of the same amount, and adhere to standard bail conditions including appearing on all hearing dates, not committing offenses, not inducing/threatening witnesses, not tampering with evidence, and ensuring compliance with Section 309 Cr.P.C./346 BNSS, 2023 concerning witness examination.

The order is effective until the end of the trial, with the trial court retaining the power to cancel bail in case of breach of conditions.