Kundan Singh vs The State Of Madhya Pradesh
2026 Latest Caselaw 1183 MP

Citation : 2026 Latest Caselaw 1183 MP
Judgement Date : 5 February, 2026

[Cites 4, Cited by 0]

Madhya Pradesh High Court

Kundan Singh vs The State Of Madhya Pradesh on 5 February, 2026

Author: Milind Ramesh Phadke

Bench: Milind Ramesh Phadke

         NEUTRAL CITATION NO. 2026:MPHC-GWL:4659




                                                        1                          MCRC-4571-2026
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                  BEFORE
                                HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                           ON THE 5th OF FEBRUARY, 2026
                                       MISC. CRIMINAL CASE No. 4571 of 2026
                                                KUNDAN SINGH
                                                     Versus
                                         THE STATE OF MADHYA PRADESH
                         Appearance:
                               Shri Utkarsh Tikhe - Advocate for the appicant.
                               Shri Mohit Shivhare - Public Prosecutor for the State.

                                                            ORDER

This is the first application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 filed by the applicant seeking grant of anticipatory bail in connection with Crime No.427 of 2023 registered at Police Station GRP(BG), District Gwalior (M.P.) for the offence punishable under Sections 420, 467, 471 of IPC.

The case of the prosecution, in brief, is that on 23.06.2023, on the

basis of information received from the Security Control Room, Jhansi, Head Constable Natthilal Sharma along with other police personnel conducted a search of the general coach of the Bundelkhand Express. During the search, the applicant/accused was apprehended while wearing an I-card around his neck. Upon interrogation, he stated that he was checking tickets between Dabra and Gwalior. From the possession of the

NEUTRAL CITATION NO. 2026:MPHC-GWL:4659

2 MCRC-4571-2026 applicant/accused, one I-card, one appointment letter, and a mobile phone were seized, and on the basis thereof, Crime No. 427/2023 was registered against the applicant/accused at Police Station GRP BG. While considering the bail application of the co-accused Kundan Singh, it is revealed from the First Information Report that on 23.06.2023 an offence under Sections 420, 467, and 471 of the Indian Penal Code was initially registered against accused Naresh Banjara and investigation was taken up. During the course of investigation, it came on record that co- accused Naresh Banjara was caught red-handed at the spot while impersonating a fake T.T. by preparing forged documents. Further, during investigation, the involvement of accused Kundan Nayak in the

registered offence was also found, to whom monetary transfers had been made. At that time, during investigation, accused Kundan Nayak absconded, and therefore, while continuing investigation under Section 173(8) of the Code of Criminal Procedure, a charge-sheet was filed.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant was not apprehended from the spot and no incriminating material has been recovered from his possession. The entire prosecution case against the applicant rests merely on the statement of the co-accused and alleged monetary transactions, which by themselves do not constitute sufficient material to establish the involvement of the applicant in the alleged offence. It is further

NEUTRAL CITATION NO. 2026:MPHC-GWL:4659

3 MCRC-4571-2026 submitted that the applicant has neither prepared any forged document nor impersonated himself as a railway official, and no specific role has been attributed to him in the alleged act of cheating or ticket checking. It is further submitted that the trial in the present matter has already been concluded, and the co-accused persons, namely Naresh Banjara, Dharmendra Nayak and Ankit alias Tek Singh, have been acquitted by the learned Sessions Court in the alleged crime after full-fledged trial. The prosecution witnesses did not support the case and the learned trial Court found that the charges were not proved beyond reasonable doubt. In view of the acquittal of all the co-accused, the very foundation of the prosecution case stands demolished, and continuation of proceedings against the present applicant would amount to abuse of the process of law. It is further submitted that since the trial has already concluded and the co-accused have been acquitted, there remains no requirement of custodial interrogation or further investigation under Section 173(8) of the Code of Criminal Procedure. He is a permanent resident of District Vidisha and has deep roots in society, and therefore there is no likelihood of his fleeing from justice. Applicant undertakes to cooperate in investigation/trial. He is ready to abide by all the terms and condition as imposed by this Court. Under these grounds, counsel prayed for anticipatory bail.

Per contra, learned Public Prosecutor for the State opposed the application and prayed for its rejection by contending that looking to the

NEUTRAL CITATION NO. 2026:MPHC-GWL:4659

4 MCRC-4571-2026 nature and gravity of offence, no case for anticipatory bail is made out.

Considering the overall facts and cirrcumstances of the case, as well as the fact that the material placed on record does not disclose the possibility of the applicant fleeing from justice, this Court is inclined to extend the benefit of anticipatory bail to the applicant. Accordingly, this Court, without commenting on the merits of the case, is of the opinion that the applicant deserves to be extended the benefit of anticipatory bail. Accordingly, this application is allowed. It is directed that in the event of arrest, the applicant shall be released on anticipatory bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer, subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him;

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii) The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;