Madhya Pradesh High Court
Avdhesh vs The State Of Madhya Pradesh on 9 January, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:1132
1 MCRC-300-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA
ON THE 9th OF JANUARY, 2026
MISC. CRIMINAL CASE No. 300 of 2026
AVDHESH
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Madan Mohan Shrivastava - Advocate for the applicant.
Shri Anurag Sharma - PP for the State.
ORDER
This first application has been filed by the applicant u/S. 483 of B.N.S.S. for grant of bail. The applicant has been arrested on 10.11.2025 in connection with Crime No.561/2025 registered at Police Station - City Kotwali, District - Morena (M.P.) for the offence under Sections 318(4) of BNS.
2 . The prosecution story in brief is that on 01.08.2025 at about 3:00 pm when complainant was withdrawing money from an SBI bank ATM near the checkpoint, an unknown person entered in the ATM booth and suddenly swapped his SBI bank ATM card while he was in the process of withdrawing cash. Complainant did not notice at the time, but when he received messages showing four transactions of Rs.10,000/- each, totaling Rs.40,000/-, he immediately went to the bank and blocked Signature Not Verified Signed by: RASHID KHAN Signing time: 1/14/2026 10:54:48 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:1132 2 MCRC-300-2026 his ATM card. The unknown person had replaced his SBI bank ATM card (account number 33519181686) and withdrawn a total of Rs.40,000/- from his account. Thereafter, he filed a written complaint regarding this incident at the Police Station City Kotwali, based on which a case was registered against the unknown person under Section 318(4) of the BNS and an investigation was initiated.
3. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated. He is suffering incarceration since 10.11.2025. It is further submitted that applicant has not committed any offence. The name of present applicant has not been mentioned in the said FIR. Investigation is almost over and charge sheet is likely to be filed soon. The applicant is ready and willing to abide by all the terms and conditions that may be imposed by this Court. The trial will take time to conclude. No further custodial interrogation is required in the matter. Under these grounds, he prays for grant of bail to the applicant.
4. Per contra, learned counsel for the State vehemently opposed the bail application and submitted that the applicant is a habitual offender and has a long criminal history. It is further contended that as many as 23 criminal cases are pending/registered against the applicant. The applicant has also identified in CCTV Footage. The applicant has repeatedly indulged in criminal activities and his conduct demonstrates a blatant disregard for the rule of law. It is also contended that the applicant is resident of Firozabad (UP) and if applicant released on bail, Signature Not Verified Signed by: RASHID KHAN Signing time: 1/14/2026 10:54:48 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:1132 3 MCRC-300-2026 then he may again indulge in similar criminal activities, influence prosecution witnesses and hamper the fair course of trial. Therefore, his bail application may be rejected.
5. Heard learned counsel for the parties and perused the record.
6. From perusal of the record, it is evident that the applicant is not a first-time offender. The criminal history placed on record shows that the applicant is involved in 23 criminal cases, which reflects a consistent pattern of criminal behavior. Therefore, the said criminal antecedents cannot be ignored while considering the bail application. The material on record prima facie indicates the involvement of the applicant in the commission of the present offence and the manner in which the offence has been committed reflects a well-planned act of deception and forgery. The sheer number of criminal cases against the applicant clearly indicates that he is a habitual offender.
7. It is further noted that the applicant is a resident of Uttar Pradesh and is not a permanent resident of the jurisdiction of this Court. In view of this fact, there exists a reasonable apprehension that if the applicant is released on bail, then he may abscond or may not be readily available for trial. There is also a likelihood of the applicant influencing witnesses or hampering the investigation.
8. Considering the nature and gravity of the offence, the role attributed to the applicant, the seriousness of the allegations, the possibility of his fleeing from justice and also looking to the criminal Signature Not Verified Signed by: RASHID KHAN Signing time: 1/14/2026 10:54:48 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:1132 4 MCRC-300-2026 antecedents of the applicant, this Court is not inclined to grant benefit of bail to the applicant at this stage.
9 . Accordingly, the bail application filed by the applicant is dismissed.
(RAJESH KUMAR GUPTA ) JUDGE Rashid Signature Not Verified Signed by: RASHID KHAN Signing time: 1/14/2026 10:54:48 AM