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Madhya Pradesh High Court
Kamal Kushwah vs The State Of Madhya Pradesh on 16 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:12242
1 MCRC-16592-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 16th OF APRIL, 2026
MISC. CRIMINAL CASE No. 16592 of 2026
KAMAL KUSHWAH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Bal Krishna Sharma - Advocate for the applicant.
Shri Harish Sharma - PP for the State.
ORDER
This is the second bail application filed by the applicant under Section
483 of BNSS, 2023, seeking grant of bail in connection with Crime
No.242/2025 registered at Police Station Kotwali, District Shivpuri (M.P.)
for the commission of offence under Section 318(4), 316(5), 61(2) of BNS
and Section 13(1)A of Prevention of Corruption Act.
2. The case of the prosecution, in short, is that the Senior Treasury
Officer submitted a written complaint on 26.03.2025, to the SHO, Police
Station Shivpuri. It was mentioned in the complaint that, during the period
from the financial year 2018-19 to 2022-23, the present applicant and other
co-accused persons, negligently provided their login ID and password to one
Gaurav Shrivastava (Outsourced Computer Operator). Subsequently, Gaurav
Shrivastava transferred a certain amount to four other individuals, namely
Saurabh Shrivastava, Shahrukh Khan, Nasim Khan, and Dhulaji. On the
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basis of this complaint, the aforesaid FIR was lodged.
3. It is submitted by counsel for the applicants that the applicant is
innocent and has been falsely implicated in the matter. The applicant was
unknowingly made so-called chief of the society. He is illiterate, therefore,
he cannot sign in English as has been found during investigation. Except for
this, there is no allegation against the present applicant regarding the
misappropriation or embezzlement of funds. Therefore, prima facie, the
offence of cheating and forgery is not made out against the applicant. It is
also submitted that, during the investigation, it was found that co-accused
Gaurav Shrivastava transferred the funds to his associate's accounts by using
the login ID and password. It is further submitted that there is no allegation
in the case diary that any amount was transferred to the accounts of the
present applicant. He was only a peon of the office. Under these
circumstances, entire prosecution story in respect to present applicant
becomes doubtful. Further argument is that applicant is the permanent
residents of District - Gwalior and is the reputed citizens of the society. In
case he is sent to jail, their social reputation would get diminished. There is
no possibility of his absconsion or tampering with the prosecution evidence.
Hence, prayed for grant of anticipatory bail to the applicant.
4. On the other hand, the learned Public Prosecutor appearing for the
State opposed the bail application, stating that there is sufficient material
available in the case diary to implicate the present applicants. It is further
submitted that present applicant is very much instrumental in the aforesaid
defalcation of public funds. It is further submitted that the investigation is
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ongoing; therefore, at this stage, the present bail application deserves to be
dismissed. He also added to his arguments that by way of using 20 cheques,
the embezzled amount was withdrawn and the aforesaid cheques contain
signature of the present applicant also.
5 . Heard learned counsel for the parties and perused the case diary
available on record.
6. Considering the submissions made by the parties and the fact that
the case diary shows no embezzled money has been transferred to the
accounts of the applicant, his family members, or his relatives, it is clear that
none of the three applicant received any benefits, in cash or kind, from the
main accused-Gaurav Shrivastava. Furthermore, the report was lodged on the
basis of a report given by a committee in compliance with the Collector's
directions. The allegation of embezzled money is specifically against the co-
accused, Gaurav Shrivastava, and four other persons so also the fact that co-
accused have been granted anticipatory bail by this Court, but without
expressing any opinion on the merits of the case, this Court is of the
considered view that the applicant may be granted bail.
7. Accordingly, without expressing any opinion on merits of the case,
this application is allowed and it is directed that the applicant 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 the trial Court/committal Court for his appearance on the dates given by
the concerned Court.
8. This order will remain operative subject to compliance of the
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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;
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.
Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
Vishal
