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Madhya Pradesh High Court
Akhil Gupta vs The State Of Madhya Pradesh on 11 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:12104
1 MCRC-32-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 11th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 32 of 2026
AKHIL GUPTA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Manish Datt - Senior Advocate with Shri Rajesh Mishra -
Advocate for the applicant.
Shri C.K. Mishra - Government Advocate for the State.
Shri Prashant Chourasia - Advocate for the objector.
ORDER
This is the first application filed by the applicant under Section 482 of
Bharatiya Nagarik Suraksha Sanhita , 2023/Section 438 of Cr.P.C., 1973
seeking anticipatory bail in connection with Crime No.786 of 2025
registered at Police Station - Kotwali, District - Satna (M.P.) for the offence
punishable under Sections 296, 115(2), 351(3), 309(4) and 3(5) of BNS.
2. Learned senior counsel for the applicant has submitted that the basic
case was registered against the applicant was creating the wrongful
restrainment and assaulting the complainant and in the last it has been stated
that ring and Rs.1000/- of the complainant were not found when he reached
at home and on that basis, the police has registered the case under Section
309(4) of the BNS. Learned senior counsel for the applicant has further
NEUTRAL CITATION NO. 2026:MPHC-JBP:12104
2 MCRC-32-2026
submitted that the applicant is the resident of Satna and works as Area Sales
Manager in IFD Company, Haryana. Investigation and trial will take time to
be concluded, hence, the applicant be granted the benefit of anticipatory bail.
3. Learned counsel for the objector has submitted that the recovery has
to be made from the applicant and if he is released on anticipatory bail, he
will not cooperate in recovery of the gold ring and currency, therefore, no
case of anticipatory bail is made out.
4. Learned counsel for the State has also opposed the anticipatory bail
application and has submitted that as per the FIR, it is stated that the ring and
Rs.1000/- were not found when he reached at his home and during the
scuffle, these articles were fallen. Learned counsel for the State has further
submitted that at this stage when the investigation is at crucial stage, it would
not be proper to grant the anticipatory bail to the applicant, hence, the
applicant is not entitled to be released on anticipatory bail.
5. Heard the parties and perused the case diary.
6. The basic case was that four persons alighted from the vehicle
bearing registration No. UP-72-BP-1392 and wrongfully restrained the
complainant, abused him and assaulted. Complainant has also stated that the
incident was recorded in the CCTV footage of Shalimar Restraunt but till
today the Investigating Officer has not recovered the CCTV footage and as
there is no direct allegation against the applicant that he obstructed or
assaulted the victim for loot, thus, this Court deems it appropriate to enlarge
the applicant on anticipatory bail. Thus, without commenting anything on the
merits of the case, the application is allowed.
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7. It is directed that in the event of arrest, the applicant shall be
enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one surety in the like amount each to the
satisfaction of the Arresting Officer/Trial Court for their appearance before
the concerned during the course of investigation or during trial, as the case
may be.
8. It is further directed that the applicant shall abide by all the
conditions as enumerated under Section 482(2) of BNSS.
9. The applicant is directed to cooperate in investigation and recovery
of the required article and money with the investigating agency and shall also
not take any undue adjournment during the trial.
10. Accordingly, M.Cr.C. stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
DPS
