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Madhya Pradesh High Court
Rahul vs The State Of Madhya Pradesh on 17 February, 2026
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2026:MPHC-IND:4849
1 MCRC-5456-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 17th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 5456 of 2026
RAHUL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Krishnapal Singh Khichi - Advocate for the applicant.
Shri Gaurav Rawat GA for the State.
ORDER
1. This first application has been filed by applicant under Section
438 of Cr.P.C./482 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of
anticipatory bail in connection with Crime No. 114 of 2025 registered at
Police Station- Birlagram, District- Ujjain (M.P.) for offence punishable
under Sections 316(5) and 3(5) of the BNS, 2023. The applicant is
apprehending his arrest in the matter.
2. Learned Counsel for the applicant in addition to the grounds
mentioned in the application, submits that applicant has been falsely
implicated in this matter. Applicant was earlier working as Recovery Agent
with Spandana Spfurti Financial Limited, Nagda. He had resigned from the
Company on 05/01/2025. Three months thereafter, false allegations are
leveled against the applicant regarding embezzlement of received / collected
money when the applicant applied for his outstanding salary dues. No
NEUTRAL CITATION NO. 2026:MPHC-IND:4849
2 MCRC-5456-2026
offence, as alleged, is made out against the applicant. Learned counsel
further submits that applicant enjoys good character and social standing. The
custodial interrogation of the applicant is not needed in the matter. Jail
incarceration on false accusation would cause hardship to the applicant and
his family. He is ready to cooperate in investigation. Therefore, applicant
may be extended the benefit of anticipatory bail.
3. Per contra, learned Counsel for the State opposes the bail
application on the ground of gravity of alleged offence. However, after
going through the case diary, he fairly states that no criminal antecedent is
reported against the applicant.
4. As per the accusation on case diary, the applicant was working as
Loan Officer in the Spandana Spfurti Financial Limited, Nagda. The
applicant has embezzled the loan repayment amount received from the
customers of Spandana Spfurti Financial Limited, Nagda between
16/08/2024 to 23/12/2024 to the tune of Rs. 1,41,000/-. The Police Station -
Birlagram, Ujjain registered FIR or offence punishable under Sections
316(5) and 3(5) of the BNS, 2023. The contentions advanced by the
applicant have prima-facie merit and cannot be dismissed as manifestly
baseless. The veracity of the prosecution will be considered on merit after
evidence.
5. As informed, applicant is aged around 31 years. He is in private
job. He has family responsibilities. Considering the age, profession and
status of the applicant, there appears to be no likelihood of fleeing from
justice or involving in any criminal activity. In absence of criminal
NEUTRAL CITATION NO. 2026:MPHC-IND:4849
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antecedents, considering the socio-economic status of the applicant, there
appears to be no likelihood of tampering with the evidence, influencing the
witness or interfering in the investigation by the applicant. The incarceration
of applicant does not appear to be necessary for the purpose of investigation.
The grant of anticipatory bail to the applicant will not cause prejudice to free,
fair and full investigation. Considering his clean past, age, status and
profession, the applicant may suffer hardship and prejudice due to
incarceration entailing social disrepute and humiliation. Considering the
overall circumstances of the case, but without commenting on merits of the
accusation, this Court is inclined to grant anticipatory bail to the applicant.
Thus, the application is allowed.
6. Accordingly, it is directed that in the event of arrest, applicant -
Rahul shall be released on bail in connection with Crime as mentioned in the
first paragraph of this order, upon 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 officer making arrest/the Competent
Court for compliance with the following conditions: (For the convenience of
understanding by accused and surety, the conditions of bail are reproduced in
Hindi asunder):-
1 ) Applicant shall make himself available for investigation as may be
directed by the Investigation Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgsxkA
(2) Applicant shall not commit or get involved in any offence.
(2) vkosnd dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA
(3) Applicant shall not directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade them/him/her from disclosing such facts to the Court or to the
police officer;
(3) vkosnd izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls
izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl
NEUTRAL CITATION NO. 2026:MPHC-IND:4849
4 MCRC-5456-2026
vf/kdkjh dks izdV djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k
lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA
(5) During trial, the applicant shall ensure due compliance of provisions
of Section 309 of Cr.P.C/346 of the BNSS. regarding examination of
witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la-
@346 Hkkjrh; ukxfjd lqj{kk lafgrk ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA
7. This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider on merit,
cancellation of bail without any impediment from this order.
8. The Investigation Officer /trial Court shall get these conditions
reproduced on the personal bond by the accused and on surety bond by the surety
concerned. If any of them is unable to write, the scribe shall certify that he had
explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
amol
