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Madhya Pradesh High Court
Vivek Alias Happy Jain vs The State Of Madhya Pradesh on 2 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4094
1 MCRC-4642-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 2nd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4642 of 2026
VIVEK ALIAS HAPPY JAIN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rakesh Kumar Sharma, Senior Advocate with
Shri Bhupendra Singh Dhakad, learned counsel for the petitioner [P-1].
Ms Anjali Gyanani Ga appearing on behalf of Advocate
General[r-1].
ORDER
This is second bail application under Section 483 of BNSS filed
by the applicant for grant of bail. First application was dismissed as
withdrawn vide order dated 6.1.2026 passed in M.Cr.C.No.52926/2026.
The applicant has been arrested on 24.7.2025 by Police Station-
Piprai, District Ashoknagar in connection with Crime No.185/2025,
registered in relation to the offence punishable under Sections 318 (4),
316 (2), 338, 336 (3), 340 (2) of BNS and section 6 (1) of M.P.
Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam, 2000.
The allegation against the applicant/accused is that he along with
other co-accused persons, dishonestly obtained money in the name of the
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2 MCRC-4642-2026
company L.J.C.C. by committing fraud, with the intention of gaining
wrongful benefit for himself.
Learned counsel for the applicant submits that the applicant has
been falsely implicated in the case. He has not committed any
offence. It is further submitted that the applicant was appointed only as
an agent of L.J.C.C. Company for the Piprai area. Whatever money was
received by the applicant was duly forwarded to the main branch of the
company. The company stopped its operations in the year 2023. It is
submitted that the applicant has not committed any misappropriation or
embezzlement of money. The employees of the company have not
committed any offence. The main accused are the managers of the
company, who have failed to return the money of the depositors. The
investigation in the present case has already been completed and the
charge-sheet has been filed before the Court. The applicant is in
custody from 24.7.2025. Trial will take time for its conclusion. The
applicant is permanent resident of District Ashoknagar and there is no
likelihood of his absconsion or tampering with the prosecution
evidence. He is ready to abide by the terms and conditions as may be
imposed. With the aforesaid submissions, prayer for grant of bail is made
out.
Learned counsel for the State vehemently opposed the application
and prayed for its rejection.
Considering the overall facts and circumstances of the case, nature
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of allegations and looking to the period of custody, 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, this
Court is inclined to extend the benefit of bail to the applicant.
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.
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 themselves in extending inducement,
threat or promise to any person acquainted with the facts of the case so
as to dissuade him 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;
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4 MCRC-4642-2026
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.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
