Citation : 2026 Latest Caselaw 2751 MP
Judgement Date : 18 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:9668
1 MCRC-11879-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 18 th OF MARCH, 2026
MISC. CRIMINAL CASE No. 11879 of 2026
KARAN SINGH SEN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sanjay Kumar Bahirani - Advocate for the applicant.
Ms. Anjali Gyanani - GA for the respondent/State.
ORDER
This is fourth application under Section 483 of BNSS filed by the applicant for grant of bail. His earlier bail application was dismissed as withdrawn with liberty to file a fresh application after a period of two months vide order dated 7538/2026 passed in M.Cr.C. No.7538/2026 by this Court.
The applicant has been arrested on 09.09.2025 by Police Station Bamori District Guna in connection with Crime No.184/2022 registered in relation to the offence punishable under Sections 409 of IPC.
As per prosecution case, on 12.09.2022, the complainant, Omkarlal, Samiti Prabandhak of Sewa Sahakari Samiti Maryadit, Bamori, lodged a written
complaint alleging that the applicant, while working as Society Manager, was entrusted with the work of procurement of fertilizer, seed, and support price amounting to Rs.2,95,30,382/-. It is alleged that the applicant deposited only Rs. 2,72,58,957/- and misappropriated the remaining amount of Rs. 23,01,425/-.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no connection with the alleged offence. It is further submitted that after rejection of the earlier bail
NEUTRAL CITATION NO. 2026:MPHC-GWL:9668
2 MCRC-11879-2026 application, two material prosecution witnesses, namely, Omkarlal (PW/1) who had taken charge after the applicant and Brajmohan Agarwal (PW/2), who had inquired in the matter, have been examined. From their statements, it is reflected that the accounts of the relevant period was not got verified and submitted to the Police. Also inquiry for the said period was conducted, thereby constituting a significant change in circumstances. Learned counsel submits that the applicant is aged about 70-72 years, is physically disabled to the extent of 50%, and has been in custody since 09.09.2025. Owing to his prolonged incarceration and deteriorating health condition, further detention would cause serious prejudice to him. Learned counsel further submits that the applicant is a permanent resident of District Ashoknagar, and there is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready and willing to furnish
adequate bail bonds and abide by all conditions imposed by this Hon'ble Court. In view of the aforesaid facts and circumstances, it is prayed that the applicant be enlarged on bail.
Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diary. Considering the overall facts and circumstances of the case, the arguments advanced by learned counsel for the parties and the statements of the witnesses, 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 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
NEUTRAL CITATION NO. 2026:MPHC-GWL:9668
3 MCRC-11879-2026 upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only), along with one solvent surety in the like amount, to the satisfaction of the learned 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 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.
Certified copy as per rules.
(MILIND RAMESH PHADKE) JUDGE
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