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Madhya Pradesh High Court
Ganesh Ojha vs The State Of Madhya Pradesh on 27 February, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:7688
1 MCRC-9131-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 27th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 9131 of 2026
GANESH OJHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Smt. Babita Ojha, wife of the petitioner appeared in person.
Shri Jay Prakash Bhargav for the respondents/State appeared on
behalf of Advocate General Office, Gwalior.
ORDER
Today, due to call of High Court Bar Association, Gwalior Advocates
are abstaining from Court work.
This is third bail application under Section 483 of BNSS filed by the
applicant for grant of bail. His second bail application was dismissed on
merits vide order dated 08.04.2025 passed in M.Cr.C. No.24627/2024 by
this Court.
The applicant has been arrested on 25.07.2023 by Police Station-
Padav, District Gwalior in connection with Crime No.210/2023, registered in
relation to the offence punishable under Sections 420, 409, 506 and 34 of
IPC.
Allegation against the present applicant is that he along with co-
accused persons cheated the complainant as well as other persons and got the
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sale deeds and agreements to sale executed in respect to lands which did not
belong to the seller / persons.
In the present bail application, it is respectfully submitted that the
applicant is innocent and has been falsely implicated in the alleged offence.
The applicant is in judicial custody since 25.07.2023. It is further submitted
that the co-accused persons, namely Sehdev, Himanshu, and Purshottam,
have already been enlarged on bail vide orders dated 23.02.2024 and
23.08.2024 passed by the Co-ordinate Bench of this Hon'ble Court in
M.Cr.C. No. 57062/2023, M.Cr.C. No. 24839/2023, and M.Cr.C. No.
24837/2023, respectively. The present applicant claims parity with the
aforesaid co-accused persons on the ground of similar allegations and
circumstances. It is also submitted that the applicant is not a partner in Char
Chatur Associates and has not committed any fraud against the complainant
party. The investigation in the matter has been completed and the charge-
sheet has already been filed; therefore, further custodial interrogation of the
applicant is not required. The applicant is a permanent resident of District
Gwalior (M.P.) and there is no likelihood of his absconding or tampering
with the prosecution evidence. Considering that the conclusion of trial is
likely to take considerable time, continued detention of the applicant would
serve no useful purpose. On the aforesaid grounds, prayer is made in the bail
application that the applicant be granted bail in the interest of justice.
After considering the averments made in the bail application and
perusing the case diary as well as the period of custody of the applicant,
without expressing any opinion on merits of the case, this Court is inclined to
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extend the benefit of bail to the applicant.
Accordingly, without expressing any opinion on the merits of the case,
the present application is allowed. It is directed that the applicant be released
on bail upon furnishing a personal bond in the sum of Rs. 50,000/- (Rupees
Fifty Thousand only), along with one solvent surety of the like amount, to
the satisfaction of the Trial Court/Committal Court, for his appearance on the
dates fixed by the said Court.
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 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/her from disclosing such facts to the Court or 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.
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A copy of this order be sent to the Court concerned for compliance.
The Court expresses its appreciation for the able, efficient, and
commendable assistance rendered by Shri Jai Prakash Bhargava on behalf of
the Advocate General's Office.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
