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Madhya Pradesh High Court
Harsh vs The State Of Madhya Pradesh on 1 April, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:8521
1 MCRC-12171-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 1 st OF APRIL, 2026
MISC. CRIMINAL CASE No. 12171 of 2026
HARSH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nilesh Dave - Advocate for the applicant.
Shri Hemant Sharma - G.A. for the State.
ORDER
1] This is applicant's first application under Section 482 of Bhartiya
Nagrik Suraksha Sanhita, 2023 / 438 of Criminal Procedure Code, 1973 for
grant of anticipatory bail, as he/she is apprehending his/her arrest in
connection with Crime No.125/2024 registered at Police Station Crime
Branch Indore, District Indore (MP) for offence punishable under Section
406, 409, 420, 34 of the Indian Penal Code, 1860.
2] Allegations against the applicant is of his involvement in the
aforesaid case wherein the FIR has been lodged by the complainant Varsha
Jain against two persons namely Rohit Jain and the present applicant and it is
alleged that Varsha deposited a sum of Rs.12 Lakhs in the account of the co-
accused Rohit Jain during a period of time and the said amount was received
on the pretext of providing higher return by share trading.
3] Counsel for the applicant has submitted that the applicant has
NEUTRAL CITATION NO. 2026:MPHC-IND:8521
2 MCRC-12171-2026
been falsely implicated in the case and he was not aware that his name is also
involved in the aforesaid case and he came to know when a notice was issued
to him on 26/02/2026. Counsel has also submitted that admittedly the entire
amount has been given to the co-accused Rohit Jain only, whereas against
the present applicant, the only allegation is that he was also involved in the
transaction. Counsel has submitted that the applicant is being falsely
involved in the case, however, with bonafide intention, he is also ready to
deposit Rs.3 Lakhs in the trial Court. Hence, it is submitted that the
application be allowed and he be released on anticipatory bail as his
custodial interrogation would not be necessary specially when there are no
criminal antecedents against the applicant.
4] Counsel for the respondent / State, on the other hand, has opposed
the prayer and it is submitted that no case for anticipatory bail is made out.
5] On due consideration of the rival submissions and perusal of the
case diary and taking note of the undertaking given by the counsel for the
applicant and the fact that there are no criminal antecedents against the
applicant, under the facts and circumstances of the case, this Court is of the
considered opinion that the custodial interrogation of the applicant is not
necessary in the present case. Thus, without reflecting anything on the merits
of the case, the application filed under Section 482 of BNSS, 2023 / 438 of
Cr.P.C. on behalf of the applicant is hereby allowed subject to deposit a sum
o f Rs.3,00,000/- (Rupees Two Lakhs only) , and the said amount shall be
subject to the final outcome of the case by the trial Court.
6] Accordingly, this application is allowed. It is directed that upon
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applicant's or any other person on his behalf depositing a sum of
Rs.3,00,000/- (Rupees Two Lakhs only) in a fixed deposit in a nationalized
bank and producing the receipt/certificate of the same before the concerned
trial Court, in the event of arrest, applicant shall be released on bail, upon his
executing a personal bond in the sum of Rs.25,000/- (rupees twenty five
thousand only) and furnishing one solvent surety in the like amount to the
satisfaction of the Arresting Officer (Investigating Officer). 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
applicant and shall be subject to the final decision of the case by the trial
Court'.
7] The applicant shall make himself available for interrogation by a
Police Officer, as and when required. He shall further abide by the other
conditions enumerated in Sub Section (2) of Section 438 of the Code of
Criminal Procedure, 1973.
8] M.Cr.C. stands allowed.
(SUBODH ABHYANKAR)
JUDGE
krjoshi
