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Madhya Pradesh High Court
Tanuj Goswami vs The State Of Madhya Pradesh on 6 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4863
1 MCRC-5543-2026
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. 5543 of 2026
TANUJ GOSWAMI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Kamlesh Kumar Kori - Advocate for the applicant.
Shri Brijesh Kumar Tyagi - Public Prosecutor for the State.
ORDER
This is the third application filed on behalf of the applicant under
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for
grant of regular bail. His first bail application was dismissed as withdrawn
vide order dated 23.01.2026 in M.Cr.C. No.2062/2026 with liberty to renew
the same after filing of challan. The applicant has been arrested on
30.11.2025 in relation to Crime No.384/2025 registered at Police Station
Jhansi Road, District Gwalior (M.P.) for the offence punishable under
Sections 318(4), 61 of BNS, 2023.
As per prosecution story, it is alleged against the accused that he, by
deceit and inducement, dishonestly obtained two gold rings and cash
amounting to ₹1,70,000/- from the complainant Kailashchandra Agrawal,
thereby committing fraud. From the possession of accused, one ring made of
gold-like metal, 60 currency notes of ₹500/- denomination totaling
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₹30,000/-, and one motorcycle used in the commission of the offence have
been seized.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case and has no direct role in
the commission of the offence. It is further submitted that the applicant has
been in judicial custody since 30.11.2025. The earlier bail application
preferred by the applicant was dismissed as withdrawn with liberty to renew
the same after filing of challan. Now, the investigation has been completed
and the challan has been filed; therefore, no further custodial interrogation of
the applicant is required. The conclusion of the trial is likely to take a
considerable period of time. The applicant is a permanent resident of District
Agra (U.P.) and there is no likelihood of his absconding or tampering with
the prosecution evidence or influencing the prosecution witnesses. In view of
the aforesaid facts and circumstances, it is prayed that this Court may be
pleased to enlarge the applicant on bail.
Per contra, learned counsel for the State opposed the application and
prayed for its rejection by contending that on the basis of the allegations and
the material available on record, no case for grant of bail is made out.
Considering the overall facts and circumstances of the case 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
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a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only)
with one local 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
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
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compliance.
Certified copy as per Rules.
(MILIND RAMESH PHADKE)
JUDGE
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