Madhya Pradesh High Court
Saurabh Sharma vs The State Of Madhya Pradesh on 31 October, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2025:MPHC-GWL:27575
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 31st OF OCTOBER, 2025
MISC. CRIMINAL CASE No. 49700 of 2025
SAURABH SHARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rajesh Kumar Shukla - Advocate for applicant.
Shri Samar Ghuraiya - Public Prosecutor for respondent/State.
ORDER
The applicant has filed this First bail application under Section 482 of
BNSS/438 of Cr.P.C. for grant of anticipatory bail.
2. Applicant apprehends his arrest in connection with Crime
No.206/2025 registered at Police Station Lahar District Bhind (M.P.) in
relation to the offence punishable under Sections 420, 467, 468, 471, 409 of
IPC.
3. According to the prosecution, the case in brief is that, on the basis
of a report submitted by the complainant, Sarnam Singh Parihar, Deputy
Administrative Officer, District Court Bhind, and pursuant to the directions
of learned Principal District & Sessions Judge, Bhind, the complainant
Sarnam Singh lodged a report at Police Station Lahar stating that the
applicant/accused Saurabh Sharma, Assistant Grade-III, who was then posted
as Enforcement Clerk in the Court of learned Judicial Magistrate First Class,
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Lahar and presently attached to the Record Section, Civil Court, Mehgaon,
had shown deposit of Rs.1,900/- towards the fine imposed vide judgment
dated 02.05.2024 in Summary Case No. 31/2024 "State of Madhya Pradesh
through Police Station Lahar vs. Sanjeev Singh" passed by the Court of
learned JMFC, Lahar, by preparing a forged and fabricated challan, whereas
in reality only Rs.190/- had been deposited, and the remaining amount of
Rs.1,710/- was found to have been embezzled. On the basis of the aforesaid
facts, Crime No. 206/2025 was registered against the applicant/accused at
Police Station Lahar on 09.10.2025 for offences punishable under Sections
420, 409, 467, 468, and 471 of the Indian Penal Code.
4. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is contended
that the prosecution story is based solely on conjectures and suspicion,
without any substantive material to indicate that the applicant ever harboured
any dishonest intention or participated in any act of misappropriation. The
alleged irregularity pertains only to a minor discrepancy of Rs. 1,710/- in a
fine challan, which, by no stretch of imagination, can constitute the offences
of cheating, forgery, or criminal breach of trust. It is further submitted that
the alleged incident arose in the course of the applicant's official duties,
wherein the issuance of challan and fine-deposit procedure passes through
multiple levels of administrative scrutiny. The applicant neither prepared any
forged document nor fabricated any record and received any fine amount
personally at any stage. The allegation of embezzlement is premised purely
on assumption, without any cogent evidence linking the applicant with the
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alleged short deposit. The offence in question is triable by the learned
JMFC. It is further submitted that there is no likelihood of the applicant
absconding or tampering with the prosecution evidence. The applicant
undertakes to cooperate fully with the investigation as well as the trial
proceedings and is willing to abide by any terms and conditions that may be
imposed by this Court while granting bail.
5. Per contra, learned counsel for the State has vehemently opposed
the application and has prayed for its rejection.
6. Heard counsel for the parties and perused the case diary.
7. Considering the overall facts and circumstances of the case, without
commenting on the merits of the case, this Court is of the view that the
applicant deserves the benefit of anticipatory bail.
8. Accordingly, it is hereby directed that in the event of arrest, the
applicant shall be released on bail on furnishing a personal bond in the sum
of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the
like amount to the satisfaction of Arresting Authority/Investigating Officer.
9. This order will remain operative subject to compliance of the
following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/ trial, as the case
may be;
3. 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
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dissuade them from disclosing such facts to the Court or to the Police
Officer, as the case may be.
4. The applicant shall not commit any offence during the period of
bail;
5. The applicant will not seek unnecessary adjournments during the
trial;
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
10. Application stands allowed and disposed of.
11. Copy of this order be sent to the trial Court concerned for
compliance.
12. Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
ojha
