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Madhya Pradesh High Court
Anup Kumar Jhariya vs The State Of Madhya Pradesh on 16 April, 2026
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 16th OF APRIL, 2026
MISC. CRIMINAL CASE No. 14259 of 2026
ANUP KUMAR JHARIYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Aditya Patel - Advocate for the applicant.
Shri A.S. Baghel - Government Advocate for the respondent/State.
ORDER
This is the second application filed on behalf of the applicant under
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for
grant of anticipatory bail apprehending his arrest in relation to Crime
No.24/2025 registered at Police Station - Adhartal, District Jabalpur (M.P.)
for the offences punishable under Section 406 of the BNS, 2023. Applicant's
first bail application was dismissed as withdrawn vide order dated
27.01.2026 in M.Cr.C. No.1793/2026.
2. Learned counsel for the applicant submitted that applicant is
innocent. He has been falsely implicated in the said offence. It is further
submitted that out of total amount of Rs.1,60,000/-, the applicant has earlier
repaid Rs.75,000/- to various persons and remaining Rs.85,000/- as he has
assured before this court that he will deposit the amount before the trial
Court, he deposited that amount and now amount is required to be paid to the
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concerned persons by the trial Court. Therefore, he has submitted that
considering the age of the applicant i.e. 62 years and having no criminal
antecedent and looking to the nature of dispute which essentially regarding
money transaction, his bail is required to be considered as no custodial
interrogation is required considering the nature of evidence, more
particularly considering that the applicant has now repaid the entire disputed
amount Rs.1,60,000/- as per his submission.
3. On the other hand, learned counsel for the State has opposed the
same by submitting that looking to the conduct of the applicant, the applicant
has tried to defraud various persons, though he has repaid the amount, but
considering the fact that the applicant is seeking anticipatory bail, no
discretion should be exercised in favour of applicant, who has committed
such serious offence and prays for rejection of bail.
4. Heard learned counsel for the parties and perused the material
available on record.
5. Considered the rival submissions and the fact that the applicant is
aged 62 years and having no criminal antecedent. Considering the fact that
the applicant has repaid the amount of Rs.1,60,000/- to show his bonafide
and considering the nature of allegation in the FIR, prima facie, case is
required to be considered in the change circumstances as now the applicant
has deposited the entire amount of Rs.1,60,000/-, which is subject matter of
the FIR and, therefore, matter requires consideration. Therefore, without
commenting anything on the merits of the case, the anticipatory bail
application filed by the applicant is allowed.
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6. It is directed that in that event of arrest applicant be released on bail
on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one surety in the like amount to the satisfaction of the
Investigating Offier/Arresting Officer.
7. Applicant shall abide by the following conditions under Section 480
(2) of Cr.P.C :-
(i) Applicant, shall extend full cooperation in investigation, failing
which this order shall become ineffective.
(ii) Applicant shall make himself available for interrogation by a
police officer as and when required;
(iii) Applicant is directed to join investigation, then and there;
(iv) 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 from disclosing such facts to the Court or to any police
officer.
8. However, it is being made clear that in case of bail jump and in
violation of any of conditions imposed herein above, this order shall become
ineffective and Investigation Officer/Trial Court shall be at liberty to proceed
against the applicant as per law.
Certified copy as per rules
(SANDEEP N. BHATT)
JUDGE
b
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