Madhya Pradesh High Court
Vishal vs State Of M P on 23 February, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:7502
1 MCRC-4790-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 23rd OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 4790 of 2026
VISHAL
Versus
STATE OF M P
Appearance:
Shri Vijay Jat - Advocate for the applicant.
Shri Viraj Godha - G.A. for the State.
ORDER
1. They are heard. Perused the case diary / challan papers.
2. This is third bail application filed by the applicant under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (439 of Cr.P.C.) as he/she is implicated in connection with Crime No.111/2025 registered at Police Station Badgonda, District Indore (MP) for offence punishable under Section 111(2)(b), 316(2), 318(4), 61(2), 193(9) of BNS, 2023. The applicant is in custody since 17/05/2025. His first bail application M.Cr.C. No.34172/2025 was withdrawn on 03/09/2025 with liberty to renew prayer after the complainant is examined in the trial Court and his second bail application M.Cr.C. No.59818/2025 was withdrawn on 22/01/2026 with liberty to file fresh application with all the particulars.
3. The allegation against the applicant is of his involvement in the aforesaid offence of online fraud on the pretext of investment to the tune of Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 20-03-2026 10:47:18 NEUTRAL CITATION NO. 2026:MPHC-IND:7502 2 MCRC-4790-2026 Rs.1,26,36,000/-.
4. Counsel for the applicant has submitted that the complainant is not appearing in the trial Court despite repeated summons and warrants and in- fact bailable warrants have also been issued against him but till date, he has not appeared in the trial Court. It is also submitted that the grounds of arrest of the applicant have also not been communicated to him properly as only a memo has been issued informing the sections under which the applicant is being arrested. It is also submitted that the applicant is lodged in jail since 17/05/2025 and till date only one witness has been examined and final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.
5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that the complainant happens to be a retired Brigadier, who has been duped and one more case at Crime No.1/2025 has been registered against the applicant at police station Cyber Crime, North Goa, wherein fraud has been committed.
6. Having considered the rival submissions and perusal of the case diary, it is found that the main allegations appear to be against the co- accused Ketan, a resident of Gujran whereas, there is nothing on record to suggest that the applicant also received any amount except the discloser memo of the applicant and the co-accused, and that the complainant is also not appearing in the trial Court despite issuance of bailable warrants and the applicant is lodged in jail since 17/05/2025 and the final conclusion of trial is likely to take sufficient long time. In such circumstances, this Court is of the Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 20-03-2026 10:47:18 NEUTRAL CITATION NO. 2026:MPHC-IND:7502 3 MCRC-4790-2026 considered opinion that the applicant has made out a case for grant of bail. It is also observed that it is yet another case where the police has totally botched up the investigation. In view of the same, without reflecting anything on the merits of the case, the application filed by the applicant is hereby allowed.
7. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973. If the applicant is found to be involved in violation of any of the terms of this order, an application for cancellation of his/her bail may be filed before the Trial Court itself, who shall decide the same in accordance with law.
8. M.Cr.C. stands allowed.
(SUBODH ABHYANKAR) JUDGE krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 20-03-2026 10:47:18