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Madhya Pradesh High Court
Rajesh Patwa vs The State Of Madhya Pradesh on 6 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:4855
1 MCRC-5510-2026
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. 5510 of 2026
RAJESH PATWA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rajkumar Awasthi - Advocate and Shri Akhil Pratap Singh Tomar -
Advocate for the applicant.
Ms. Kalpana Parmar - GA for the respondent/State.
Shri Anil Jha - Advocate for the complainant.
ORDER
This is first application filed by the applicant under Section 482 of
BNSS for grant of anticipatory bail.
2. The applicant apprehends his arrest in connection with Crime
No.14/2026 registered at Police Station Indergarh District Datia for offence
punishable under Sections 338, 316(5) of BNS.
3. According to the prosecution, the complainant, Naresh Kumar Jha,
owns a grain shop on Sevda Road. He sold a total of 299 quintals and 56
kilograms of paddy, worth Rs. 10,22,530, which was transported to the
market between 23/11/2025 and 10/12/2025 through the tractor of Rajesh
Patwa. Rajesh Patwa paid only Rs. 3,92,530 in installments, leaving a
balance of Rs. 6,30,000. Upon inquiry, the complainant learned that Rajesh
Patwa had already withdrawn the entire sale amount and had misappropriated
the money for personal use, including by using fake receipts. Despite
NEUTRAL CITATION NO. 2026:MPHC-GWL:4855
2 MCRC-5510-2026
repeated demands, Rajesh Patwa failed to return the remaining amount. Thus,
Rajesh Patwa committed criminal breach of trust, and an FIR was registered
against him at Police Station Indargarh under Sections 338 and 316(5) of the
B.N.S.
4. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. The dispute, if
any, is purely of a civil nature arising out of alleged monetary transactions,
and no criminal intent is made out against the applicant. The applicant is a
farmer and a reputed government contractor with no criminal antecedents.
He is a permanent resident of the locality and there is no likelihood of his
absconding. The applicant has already approached the higher police
authorities, namely the Inspector General of Police, Gwalior and Bhopal, by
submitting representations seeking a fair and impartial investigation. It is
further submitted that the complainant's son demanded an amount of Rs.
1,20,000 by sharing his bank account details through WhatsApp and assured
withdrawal of the complaint upon payment, which clearly indicates misuse
of the criminal process. The applicant lawfully sold his agricultural produce
at Seondha Krisi Upaj Mandi (Registration No. 22418692290) on
08/12/2025 and received the entire sale consideration through online mode
(Payment No. 25071240812363246518), establishing a legitimate source of
funds and negating the allegations of misappropriation. The applicant also
served a legal notice dated 23/12/2025 upon the complainant demanding the
return of money deposited with him, which demonstrates his bona fides. The
applicant has no direct or indirect involvement in the alleged offence and has
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3 MCRC-5510-2026
been roped in only to exert pressure. The applicant undertakes to cooperate
with the investigation, shall not abscond or tamper with prosecution
witnesses, and shall abide by all conditions imposed by this Court. In view
of the above, it is prayed that the present application be allowed and benefit
of bail be also granted to the applicant.
5. Per contra, learned counsel for the State as well as counsel for the
complainant vehemently opposes the prayer for anticipatory bail and prayed
for its rejection.
6. Heard the counsel for the parties and perused the case diary.
7. Considering the overall facts and circumstances of the case, the
nature of allegations, the manner in which the applicant has been implicated,
without commenting on the merits of the case, this Court is of the opinion
that the applicant has made out a case for grant of anticipatory bail.
8. It is hereby directed that in the event of arrest, the applicant shall be
enlarged 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 Arresting Officer for his appearance before it during
the course of investigation or before the trial Court concerned during trial, as
the case may be.
9. This order will remain operative 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
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may be;
iii) 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/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
iv) The applicant will not seek unnecessary adjournments during the
trial;
v) The applicant shall not commit any other offence during the period
of bail;
vi) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
10. Copy of this order be sent to the trial Court/Police Station
concerned for compliance.
11. Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
