[Cites 7, Cited by 0]
Madhya Pradesh High Court
Rishabh Sharma vs The State Of Madhya Pradesh on 6 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4853
1 MCRC-5991-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 6 th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5991 of 2026
RISHABH SHARMA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Quazi Suhail - Advocate for the applicant.
Shri Mohit Shivhare - Public Prosecutor for the State.
Shri Kulbhushan Yadav - Advocate for the complainant.
ORDER
This is the fourth application filed by the applicant under Section 483
of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of bail in
connection with Crime No. 88 of 2024 registered at Police Station Cyber
Cell Zone, District Gwalior (M.P.) for offences punishable under Sections
420, 204, 120-B, 34 of the Indian Penal Code and Sections 43-A, 66, 66-D of
the Information Technology Act. The applicant is in custody since
04.12.2024. His earlier bail application was dismissed on merits vide order
dated 13.08.2025.
As per the prosecution case, an amount of approximately Rs.31-32
lakh was transferred into the bank account of co-accused Arun Sharma,
which was received by him and the present applicant, Rishabh Sharma.
Thereafter, the said amount was withdrawn from the aforesaid bank account
NEUTRAL CITATION NO. 2026:MPHC-GWL:4853
2 MCRC-5991-2026
by the present applicant, Rishabh Sharma.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. He has been in custody
since 04.12.2024 and the charge-sheet has already been filed. It is alleged
that a total amount of Rs.31,67,000/- was cheated from the complainant
Nathuram on the pretext of investment in the market. Out of the said amount,
Rs.8,09,000/- was deposited directly into the bank account of the present
applicant on different dates. It is further submitted that the applicant had no
knowledge that the amount deposited in his account was cheated money. He
merely provided his bank account to the co-accused persons and received a
commission of 5% for the same. He was not involved in the actual
commission of the offence. It is also submitted that the alleged amount has
already been paid to the complainant. Learned counsel further submits that
the applicant is a permanent resident of District Gwalior (M.P.), there is no
likelihood of his absconding or tampering with the prosecution evidence, and
the conclusion of trial is likely to take considerable time. The applicant is
ready and willing to abide by all the terms and conditions as may be imposed
by this Court. On these grounds, prayer for grant of bail has been made.
Per contra, learned Public Prosecutor for the State vehemently opposed
the application and prayed for its rejection considering the nature and gravity
of the offence.
Learned counsel for the complainant fairly submits that he has no
objection to the grant of bail to the applicant.
Considering the overall facts and circumstances of the case coupled
NEUTRAL CITATION NO. 2026:MPHC-GWL:4853
3 MCRC-5991-2026
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, 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 himself 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 tor 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
NEUTRAL CITATION NO. 2026:MPHC-GWL:4853
4 MCRC-5991-2026
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.
A copy of this order be sent to the concerned trial Court for necessary
compliance.
Certified copy as per Rules.
(MILIND RAMESH PHADKE)
JUDGE
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH AT
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GWALIOR,
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9f265f02d9d593f, ou=HIGH COURT OF MADHYA PRADESH BENCH
AT GWALIOR,CID - 7064434, postalCode=474001, st=Madhya
Pradesh,
serialNumber=61b9d129971d2ea4fd4455ed49ea436ea65e26164be
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Date: 2026.02.06 16:11:13 +05'30'
