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Madhya Pradesh High Court
Akash Rawat vs The State Of Madhya Pradesh on 9 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8087
1 MCRC-10198-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 9 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 10198 of 2026
RAMLAKHAN RAWAT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Madan Mohan Tripathi - Advocate for the applicant.
Shri Manish Saxena - Public Prosecutor for the State.
WITH
MISC. CRIMINAL CASE No. 10194 of 2026
AKASH RAWAT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Madan Mohan Tripathi - Advocate for the applicant.
Shri Manish Saxena - Public Prosecutor for the State.
ORDER
These are the first bail applications under Section 483 of BNSS filed
by the applicants No.1 and 2, namely, Ramlakhan Rawat and Akash Rawat
for grant of their bail. The applicants have been arrested on 06.02.2026 in
connection with crime No.02/2025 registered at Police Station RPF, District
Gwalior for offence punishable under Section 3 of the Railway Property
(Unlawful Possession) Act.
NEUTRAL CITATION NO. 2026:MPHC-GWL:8087
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As per prosecution case, it was alleged that on 06/02/2026, during
patrol checking in the Gwalior Railway Station yard, three persons were seen
entering the amended building of the railway yard. On suspicion, the
patrolling staff approached the building and observed that the three persons
were carrying some heavy articles in two white plastic sacks. When they
were called out and questioned regarding the said sacks, the persons
attempted to flee. However, they were apprehended. Upon interrogation
regarding the articles in their possession, they admitted that the said property
had been stolen from the railway station. Thereafter, 30 pieces of pendrol
clips and 2 pieces of fish plates were seized from the accused persons. The
accused were arrested, and subsequently Crime No. 02/2026 under Section 3
of the Railway Property (Unlawful Possession) Act was registered against
them by the Railway Protection Force Post, Gwalior.
Learned counsel appearing for the applicants submitted that
the applicants are innocent persons and have been falsely implicated in the
present case. It is contended that the alleged recovery shown by the
prosecution has been falsely planted upon the applicants and no such railway
property was actually recovered from their conscious possession. It is further
submitted that the applicants have not committed any offence as alleged and
have no connection with the alleged theft of railway property. It is further
submitted that they are in custody since 06.02.2026 and the trial is likely to
take considerable time to conclude. The applicant is a permanent resident of
District Morena and there is no likelihood of his absconding or tempering
with the prosecution evidence. On these grounds, prayer has been made to
NEUTRAL CITATION NO. 2026:MPHC-GWL:8087
3 MCRC-10198-2026
extend the benefit of bail to the applicants.
Per contra, the learned counsel for the State has opposed the
applications and prayed for their rejection, contending that considering the
nature and gravity of the offence, coupled with the fact that the applicants
have two criminal antecedents.
Heard the counsel for the parties and perused the case diary.
Considering all the facts and circumstances of the case, coupled with
the fact that the trial is not likely to conclude in near future and prolonged
pre-trial detention being an anathema to the concept of liberty, this Court is
inclined to extend the benefit of bail to the applicants. Accordingly, without
commenting on the merits of the case, this bail application is allowed. It is
directed that the applicants be released on bail upon each of them furnishing
a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with
one solvent surety in the like amount to the satisfaction of the concerned trial
Court for thier appearance before it on the dates given by the concerned
Court, subject to compliance of the following conditions by the applicants:-
1. The applicants will comply with all the terms and
conditions of the bond executed by them;
2. The applicants will cooperate in the
investigation/trial, as the case may be;
3. The applicants will not indulge themselves in
extending inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the Court or to the Police
NEUTRAL CITATION NO. 2026:MPHC-GWL:8087
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Officer, as the case may be;
4. The applicants 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 applicants will not seek unnecessary
adjournments during the trial; and
6. The applicants will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may be.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
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