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Madhya Pradesh High Court
Ramswaroop Gurjar vs The State Of Madhya Pradesh on 7 April, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:9193
1 MCRC-12970-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 7 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 12970 of 2026
RAMSWAROOP GURJAR
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nilesh Dave advocate for the applicant.
Shri Rahul Solanki public prosecutor for State.
ORDER
1. This first application has been filed by applicant under 483 of Bharatiya
Nagarik Suraksha Sanhita 2023 for grant of bail in connection with Crime
No. 195/2025 registered at Police Station - Malawar, District- Rajgadh(M.P.)
for offence punishable under Sections 318(4), 338, 336(3), 319(1), 340(2),
61(2) of BNS, 2023. The applicant is in judicial custody since 15.12.2025.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application, case
diary and the relevant material on record.
4. Learned counsel for the applicant, in addition to the grounds mentioned
in the application, submits that the applicant is falsely implicated in the
alleged offence merely on information given by co-accused in police
custody. No incriminating material showing complicity of the applicant was
recovered during investigation. There is no material to show complicity of
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the applicant in the conspiracy to commit the alleged offence. The final
report was submitted on completion of investigation. There is no likelihood
of tampering with evidence by the applicant. Jail incarceration is causing
hardship to the applicant and the dependent family. Applicant is ready to
cooperate in the trial. The alleged offence is not heinous or brutal in nature
affecting society at large.
5. Per contra, learned counsel for the State opposes the application on the
ground of gravity of alleged offence. However, after going through the case
diary, he submits that one Bolero Car used for transportation was seized at
the instance of applicant. He further submits that no criminal antecedent is
reported against the applicant. The applicant is aged around 36 years, he is
an agriculturist by profession.
6. As per the accusation on case diary, Rakesh Singh submitted a written
complaint to the SHO of the P.S. Malawar regarding forgery and cheating by
Balveer Singh and his associates. It was revealed in the investigation that
Rakesh Verma impersonated as Balveer Singh. Ram Swaroop, Vikram Jaat,
Rakesh Gurjar, Mao Singh, Anil Namdev and Hemraj assisted in forgery of
Aadhar Card, PAN card and Voter Card of Balveer Singh. They got KCC
loan sanctioned in the name of Balveer Singh and thereafter all accused in
furtherance of conspiracy, transferred the land of Balveer Singh to Sanjeev
Gehlot and Jaman Singh. On such allegations, the Police Station Malawar
registered FIR for offence punishable under Sections 318(4), 338 and 336(3)
of the BNS. The applicant Ramswaroop was arrested on 15.12.2025. He is in
custody ever since. The final report was submitted on completion of
investigation. The applicant is implicated on the basis of information given
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by co-accused in police custody and his own incriminating statement given
to the Police. No incriminating material relating to forgery of the document
or execution of the document was seized at the instance of the applicant. No
call detail report or money trail is available to show complicity of the
applicant. The trial would take time to conclude. The contentions advanced
by the applicant have prima facie merit and cannot be dismissed as
manifestly baseless. The veracity of prosecution and complicity of the
applicant will be determined after evidence in the trial.
7. As informed, applicant has family responsibility. Considering these
aspects, there appears to be no possibility of fleeing from justice. In absence
of any criminal antecedent, considering the socio-economic status of the
applicant, there appears to be no likelihood of tampering with evidence or
influencing the witnesses by the applicant. There appears to be no
compelling reason to continue incarceration of the applicant. However, the
observations, herein-above, are recorded for present application only.
8. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application is
allowed.
9. Accordingly, it is directed that applicant- Ramswaroop Gurjar shall be
released on bail in connection with Crime, as mentioned in first paragraph of
this order, upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees
Fifty Thousand only) with one surety of the same amount to the satisfaction
of the trial Court, for compliance with the following conditions : (For
convenience of understanding by accused and surety, the conditions of bail
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are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;
(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर उप थत रहे गा ।
(2) Applicant shall not commit or get involved in any offence of similar nature;
(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the
Court or to the police officer;
(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से लोभन, धमक या वचन
नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या पुिलस अिधकार को कट करने से िनवा रत हो
(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or
threaten the witness;
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या सा य को बहलाने-
फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C./346 of
Bharatiya Nagarik Suraksha Sanhita, 2023 regarding examination of witnesses in attendance;
(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं . .सं./ ३४६ भारतीय नाग रक
सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन सुिन त करे गा ।
10. This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment of this order.
11. The trial Court shall get these conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of
them is unable to write, the scribe shall certify that he/she had explained the
conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
