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Madhya Pradesh High Court
Rahul Saini vs The State Of Madhya Pradesh on 1 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10850
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 1 st OF APRIL, 2026
MISC. CRIMINAL CASE No. 12116 of 2026
RAHUL SAINI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arvind Kumar Dwivedi - Advocate for the applicant.
Shri Atul Kumar Sharma - PP for the State.
ORDER
This is the first application filed by the applicant under Section 483 of
BNSS seeking grant of bail. The applicant has been arrested on 05.01.2026
in connection with Crime No.10/2026 registered at Police Station Dehat,
District Bhind (M.P.) for the offences punishable under Sections 318(4),
316(2), and 3(5) of BNS and Section 66D of IT Act.
2 . As per the prosecution story, the complainant came into contact
with the co-accused persons during a visit to Khatu Shyam Temple,
Rajasthan. It is alleged that the accused persons induced the complainant on
the pretext of providing a loan under a government scheme and employment
in a private company. Thereafter, the complainant and his associates
allegedly handed over their bank account details, ATM cards, SIM cards,
Aadhaar cards, and PAN cards to the accused persons. Subsequently, several
unauthorized transactions were noticed in their bank accounts, and upon
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refusal to return the documents, the present crime was registered.
3 . Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that there is a delay of about seven months in lodging the FIR. The
investigation has been completed and charge-sheet has been filed, therefore,
further custodial interrogation of the applicant is not required. It is further
submitted that the entire prosecution story is based on assumptions and there
is no direct evidence showing the involvement of the applicant in the alleged
cyber fraud. The applicant is a law-abiding citizen and has not committed any
offence as alleged by the prosecution. It is further submitted that the
applicant has been arrested merely on the basis of suspicion and no
incriminating material has been recovered from his conscious possession.
4. It is further submitted by the counsel for the applicant that as per the
prosecution story, certain recoveries were allegedly made from a rented flat
situated at Sindhi Camp, Jaipur, and the prosecution is attempting to connect
the present applicant with the said premises. However, there is no rent note
or any documentary evidence on record to establish that the said flat was
taken on rent by the applicant. Moreover, the prosecution has also failed to
record the statement of the owner of the said flat to show that the premises
were rented or possessed by the present applicant. In absence of any such
material, the alleged recovery from the said flat cannot be attributed to the
present applicant, and therefore the prosecution story against him becomes
doubtful. It is further submitted that the applicant has been in custody since
20.12.2025 and the trial is likely to take considerable time for its conclusion.
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There is no likelihood of his absconding or tampering with the prosecution
evidence. He is willing to abide by any terms and conditions that may be
imposed by this Court. On these grounds, it is urged that the applicant
deserves to be enlarged on bail. The applicant is in custody since 05.01.2026,
and the conclusion of trial will take considerable time. It is also submitted
that the applicant is a permanent resident of Shri Madhopur, District Seekar
(Rajasthan) and there is no likelihood of his absconding or tampering with
the prosecution evidence. It is further submitted that co-accused persons
namely Umesh Kumar Doot, Sanjay Singh and Rajesh Singh @ Rajesh
Kumar Rulineans have already been enlarged on bail by the Coordinate
Bench of this Court. Under these ground and on the ground of parity, prayer
is made to enlarge the applicant on bail.
5. Per contra, learned Public Prosecutor for the State has opposed the
application and prayed for its rejection, contending that the present case
relates to a well-organized cyber fraud racket wherein the accused persons
were acting in concert with the co-accused persons. It is further contended
that the accused persons used to obtain bank accounts, ATM cards, SIM
cards, Aadhaar cards and PAN cards from innocent persons on the pretext of
arranging loans and providing jobs in private companies, and thereafter used
those accounts to receive money obtained through cyber fraud. During
investigation, it has been revealed that huge amounts of money were routed
through the bank accounts arranged by the complainant and his associates,
including transactions amounting to approximately Rs.50,00,000/- in the
account of the complainant, which clearly indicates the magnitude and
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seriousness of the offence.
6. Heard learned counsel for the parties and perused the case diary.
7 . Considering the overall facts and circumstances of the case, the
arguments advanced by learned counsel for the parties, coupled with the fact
that the trial is not likely to conclude in near future and prolonged pre-trial
detention being an anathema to the concept of liberty as well as on the
ground of parity, this Court is inclined to extend the benefit of bail to the
applicant.
8 . Accordingly, without expressing any opinion on the merits of the
case, the present application is allowed. It is directed that the applicant be
released on bail upon furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only), along with one local solvent surety in the like
amount, to the satisfaction of the learned Trial Court for his appearance on
the dates given by the concerned Court.
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
dissuade him/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
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4. The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
10. The application stands allowed and disposed of.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
Rashid
