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Madhya Pradesh High Court
Narayan Das Rathore vs The State Of Madhya Pradesh on 24 March, 2026
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 24th OF MARCH, 2026
MISC. CRIMINAL CASE No. 13473 of 2026
NARAYAN DAS RATHORE
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Arun Kumar Paterya - Advocate for the applicant.
Shri Satendra Singh Sikarwar- Public Prosecutor for the
respondent/State.
ORDER
This is first application filed under Section 483 of BNSS for grant of
bail relating to Crime No.17/2023 registered at Police Station -Padav District
- Gwalior (M.P.) for the offence under Sections 420, 409, 34 of IPC.
2. According to the prosecution, complainant Rajkumari filed a
complaint at Padav Police Station, Gwalior on 19.01.2023 alleging that
Narayandas, Ashok Kumar, Ajay Singh, and Ganesh Ojha jointly operated a
firm named Char Chatur Associates from Shelter Hotel, Padav, Gwalior,
where they sold plots to customers. The accused showed land documents
(Khasra-Khatauni) in their names and induced the complainant and her
husband to book Plot No. 144 (25×50) in Anjanidham Phase-2 for
₹10,00,000 under a "100% cashless scheme" promising repayment in 40
installments. The complainant's husband initially paid ₹15,000 for booking.
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Later, ₹4,35,000 and ₹4,00,000 were transferred through bank accounts to
Ajay Singh and Ashok Kumar. On 05.08.2021, an additional ₹2,20,000 was
paid by cheque at the notary's office, where Ashok Kumar, as partner of the
firm, executed an agreement with the complainant. A cheque No.000835 was
also issued as a guarantee for the scheme. Subsequently, the accused
allegedly absconded and avoided executing the sale deed, thereby cheating
the complainant. Based on the complaint, Crime No. 17/2023 was registered
against the accused persons.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated. The applicant is in custody since
16.08.2023. Investigation has been completed and charge-sheet has been
filed. Co-accused Ganesh Kumar Ojha has been enlarged on bail vide order
dated 16.03.2026 passed in M.Cr.C.No.8943/2026 by the co-ordinate Bench
of this Court. Case of present applicant is similar to that of the aforesaid co-
accused. The applicant is permanent resident of District Gwalior (M.P.) and
there is no possibility of his absconding or tempering with prosecution case.
Under these grounds as well as on the ground of parity, he prays for grant of
bail to the applicant.
4. Per contra, learned counsel for the State has vehemently opposed
the bail application and prayed for its dismissal on the ground of criminal
antecedents. However, he conceded the ground of parity.
5. Heard learned counsel for the rival parties and perused the case
diary available on record.
6. Considering the above submissions advanced by the counsel for the
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parties and facts and circumstances of the case so also on the ground of
parity and without expressing any opinion on the 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 in the like amount to the satisfaction
of the trial Court/committal Court.
7. This order will remain operative subject to compliance of the
following conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the
bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the case
may be;
iii) 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;
iv) The applicant will not commit any other offence or will not repeat
the offence in future. In case, if he is found involving in offence of the same
nature, this bail order shall stand cancelled automatically without further
reference to the Bench.
v) The applicant will not seek unnecessary adjournments during the
trial; and
vi) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
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8. Learned State counsel is directed to send an e-copy of this order to
the Station House Officer of the concerned Police Station for information
and necessary action.
9. E- copy of this order be sent to the trial Court concerned for
compliance, if possible, by the office of this Court.
10. Certified copy as per rules.
(RAJESH KUMAR GUPTA )
JUDGE
mani
