[Cites 12, Cited by 0]
Madhya Pradesh High Court
Deepmala Mishra vs The State Of Madhya Pradesh on 11 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:5492
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 11th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 6422 of 2026
DEEPMALA MISHRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Gaurav Mishra - Advocate for the petitioner.
Shri Rajeev Shrivastava, learned counsel for the respondent [R-1].
ORDER
The applicant has filed this First bail application under Section
482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail.
Applicant apprehends his arrest in connection with Crime No.12
of 2026 registered at Police Station EOW, District Gwalior (M.P.) in
relation to the offence punishable under Sections 318 (2), 319 (2), 336
(3), 338, 340 (2), 61 (2) of BNS 2023.
As per the prosecution story, the complainant, filed a complaint
against Jignesh Prajapati, Deepmala Mishra (applicant), Salman,
Shubham Dubey, Vivek, Manoj Kushwaha, and others before the
Economic Offences Wing, Bhopal. The complaint alleged that these
accused persons, under the Pradhan Mantri Jeevan Jyoti Bima Yojana (a
life insurance scheme run by the Government of India), opened bank
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accounts in the names of various individuals, and then issued fake or
forged death certificates in the names of those individuals. By doing so,
the accused falsely declared living persons as deceased, and as a result,
claimed the insurance money under the scheme in the name of fraudulent
nominees. The insurance amount was then withdrawn through cheques
and ATMs, causing financial loss to the government. On the basis of this
complaint, FIR No. 35/2025 was registered on 20.01.2025. The
complaint was sent to the Gwalior unit for investigation. Inspector
Shailendra Kushwaha conducted the investigation and prepared a
verification report. Evidence collected during the investigation revealed
that the Pradhan Mantri Jeevan Jyoti Bima Yojana is a life insurance
scheme of the Government of India, introduced in 2015. The scheme
provides life insurance for Indian citizens between the ages of 18 and 50.
From 2015 to 2022, the annual premium was ₹330, and after 2022, it
was increased to ₹436 per year. Under the scheme, in case of accidental
or natural death of the account holder, an amount of ₹2 lakh is paid to
the nominee's bank account. During the investigation, Star Union Daichi
Life Insurance Company Limited submitted insurance claim information
for 50 beneficiaries. Out of these, 6 suspicious cases were investigated,
involving policyholders Vikas Suman, Smt. Hemlata, Satyanarayan,
Kamlesh Singhal, Mohan Panchal, and Mukesh Vanshkar. Evidence
collected during the investigation indicated that Deepmala Mishra
(applicant), Jignesh Prajapati, Naveen Mittal, Pooja Kumari, employees
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of Gwalior Municipal Corporation's Birth & Death Branch, and former
employees of Union Bank of India, Shyopur Branch, conspired to create
forged death certificates and other documents for living individuals. By
falsely representing these individuals as deceased, they claimed
insurance amounts under the PM Jeevan Jyoti Bima Yojana, causing
financial loss of approximately ₹10 lakh to the government. Based on
the prima facie evidence, offences under Sections 318(2), 319(2),
336(3), 338, 340(2), and 61(2) BNS were found to be made out against
the applicant and other accused persons.
Learned counsel for the applicant submitted that the applicant is
innocent and has been falsely implicated in this case. It is further
submitted that the applicant has already been implicated in Crime No.
117/2025 registered at Police Station EOW, District Gwalior, for
offences under Sections 420, 467, 468, 471 and 120-B of the IPC. The
said FIR is based on the same set of facts and the investigation in that
case is still pending. Therefore, registration of another FIR on the same
facts amounts to duplication of proceedings and abuse of process of
law. It is further submitted that in Crime No. 117/2025, the applicant
has already been granted bail by this Court vide order dated 18.8.2025
passed in M.Cr.C.No.36953 of 2025. It is further submitted that instead
of fairly investigating Crime No. 117/2025, the investigating agency has
registered a fresh FIR bearing Crime No. 12/2026 on the same
allegations, only with the intention to harass the applicant. It is
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submitted that the applicant is a practicing advocate and is also
associated with a Non-Governmental Organization (NGO), which works
in coordination with government departments to spread legal awareness
and assist in grievance redressal. In the normal course of her work, the
applicant forwards complaints to the concerned authorities and seeks
relevant documents for lawful purposes. Due to the complaints raised
against certain government officials, the applicant has been falsely
implicated by those officials with malafide intention. The applicant is
being targeted only because she exposed irregularities. The organization
associated with the applicant does not collect or demand bank
passbooks, ATM cards, or any personal documents from any person. It is
also a matter of common knowledge that a bank account cannot be
opened without the personal presence and verification of the account
holder. The applicant has never taken or handed over any such
documents to any third person. It is further submitted that the applicant
herself is a whistleblower who raised issues regarding misuse of
government schemes and financial irregularities. Instead of taking
action on those complaints, the authorities have falsely implicated the
applicant. It is further submitted that the applicant is permanent resident
of District Gwalior and there is no likelihood of his absconsion or
tampering with the prosecution evidence. The applicant undertakes to
cooperate in investigation/trial and would not be a source of
embarrassment and harassment in any manner to the complainant party
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side. The applicant is ready to abide by all the terms and condition as
imposed by this Court. Under these grounds, learned counsel prayed for
anticipatory bail.
Learned counsel for the respondent has vehemently opposed the
prayer and prayed for dismissal of the application.
Heard the counsel for the parties and perused the case diary.
Considering the above submissions and facts situation of the case,
without expressing any opinion on the merits of the case, this Court
intends to allow the application, therefore, it is hereby directed that in the
event of arrest, the applicant shall be released on bail on furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with
one solvent surety of the like amount to the satisfaction of Arresting
Authority/Investigating Officer.
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 her;
2. The applicant will cooperate in the investigation/ trial, as the case may
be;
3. The applicant will not indulge herself/himself in extending
inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade them from disclosing such facts to the Court or
to the Police Officer, as the case may be.
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4. The applicant shall not commit any offence similar to the offence of
which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial;
6. The applicant will not leave India without previous permission of the
trial Court/Investigating Officer, as the case may be;
7. The applicant would not involve in any criminal activity in future
otherwise, benefit of bail shall immediately be withdrawn.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for
compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
