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Madhya Pradesh High Court
Tofan Singh vs The State Of Madhya Pradesh on 10 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8364
1 MCRC-11083-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 10th OF MARCH, 2026
MISC. CRIMINAL CASE No. 11083 of 2026
TOFAN SINGH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Hemant Singh Rana - Advocate for the petitioner [P-1].
Shri Samar Ghuraiya Dyga appearing on behalf of Advocate
General[r-1].
ORDER
This is first bail application under Section 483 of BNSS filed by the
applicant for grant of bail.
The applicant has been arrested on 27.2.2026 by Police Station-
Fatehgarh, District Guna in connection with Crime No.229/2025, registered
in relation to the offence punishable under Sections 318 (4) of BNS.
As per prosecution case, the complainant alleges that the applicant,
Lankesh @ Jagdish, along with co-accused Mangilal, cheated him by giving
fake gold coins. After showing a genuine sample coin, the accused induced
the complainant to pay 4,70,000 for a bundle of supposed gold coins, which
later turned out to be counterfeit. Despite demand, the accused refused to
return the money. On this basis, a Zero FIR was lodged at Police Outpost
Binaganj, later transferred to Police Station Fatehgarh, where Crime
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No.229/2025 under Section 318(4) BNS was registered, and the applicant
was arrested on 08/09/2025.
Learned counsel for the applicant submits that the applicant has been
falsely implicated in the case. He has not committed any offence.
Investigation in the matter is complete and charge sheet has been filed,
therefore, further custodial interrogation is not required. It is further
submitted that no fake gold coins or the alleged amount of 4,70,000/- have
been recovered from the applicant. The matter pertains to a
monetary/transactional dispute regarding alleged gold coins, which is civil in
nature but has been given a criminal colour. Hence, custodial detention is
unwarranted. There is no direct or circumstantial evidence connecting the
applicant with the alleged offence. The applicant is in custody since
27.2.2026. The applicant is permanent resident of District Guna and there is
no likelihood of his absconsion or tampering with the prosecution evidence.
Counsel for the applicant has submitted that the co-accused person namely
Jagdish have already been granted bail in M.Cr.C. No.52456 of 2025 vide
order dated 14.11.2025 and the case of the present applicant is akin to that of
co-accused, thus, he is entitled to be released on bail on the ground of parity
also. He is ready to abide by the terms and conditions as may be imposed.
With the aforesaid submissions, prayer for grant of bail is made out.
Learned counsel for the State vehemently opposed the application and
prayed for its rejection.
Considering the overall facts and circumstances of the case, nature of
allegations and particularly the ground of parity with co-accused, coupled
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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 applicant.
Accordingly, without expressing any opinion on merits of the case,
this application is allowed and it is directed that the applicant be released on
bail on 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 trial Court/committal Court for his appearance on the dates given by
the concerned 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 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 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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Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
(aspr)
