Abhitabh Rawat vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

The applicant has filed this First bail application under Section 482 of BNSS/438 of Cr.P.C. for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No.198/2025 registered at Police Station Kampoo District Gwalior (M.P.) in relation to the offence punishable under Section 419, 420, 34 of IPC and section 3/4 of Madhya Pradesh Recognized Examination Act.

The allegation against the applicant is that accused Umesh Rawat, son of Suresh Rawat, was arrested on 23.06.2025, and upon recording his statement, he disclosed that the present applicant, Abhitabh, had received Rs. 2,00,000/- from him and, by fraudulently updating his Aadhaar card, arranged another individual to appear in his place in the examination.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has been arrayed as an accused solely on the basis of the disclosure statement of a co-accused recorded under Section 27 of the Indian Evidence Act and except for the said statement, there is no material to connect the applicant with the alleged offence. It is further submitted that, in similar circumstances, this Court has granted the benefit of anticipatory bail to the accused Ashok Gurjar in M.Cr.C. No. 49543 of 2025, vide order dated 31.10.2025. Learned counsel further submits that there is no likelihood of the applicant absconding or tampering with the prosecution evidence. The applicant undertakes to cooperate fully with the investigation as well as the trial proceedings and is willing to abide by any terms and conditions which this Court may impose while granting bail.

Learned counsel for the State vehemently opposed the present application and prayed for its dismissal.

Heard counsel for the parties and perused the case diary.

Considering the overall facts and circumstances of the case and the nature of allegations, without commenting on the merits of the case, this Court is of the view that the applicant deserves the benefit of anticipatory bail.

Accordingly, it is hereby directed that in the event of arrest, the applicant shall 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 Arresting Authority/Investigating Officer.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

(iv) The applicant shall not commit any offence during the period of bail;

(v) . The applicant will not seek unnecessary adjournments during the trial;

(vi) . The applicant will not leave India without previous permission of the

trial Court/Investigating Officer, as the case may be.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court/Police Station concerned for compliance.

Certified copy as per rules.