Amrendra Kumar vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is first bail application filed under Section 483 of BNSS by the applicant seeking grant of bail.

The applicant was arrested on 12.08.2025 in connection with Crime No.303/2025 registered at Police Station City Kotwali, District Bhind for the offences punishable under Sections 318 (4), 319 (2), 336 (3), 338, 340 (1), 340 (2), 506, 61 (2) of BNS and Section 3/4 of Examination Act.

As per the prosecution case, the present matter has arisen out of a complaint submitted by the Office of the Commandant, 17th Battalion SAF, Bhind. It is alleged that a candidate namely Vishnu (son of Bharat Singh) entered into a criminal conspiracy to obtain fraudulent selection in the Police Constable Recruitment Examination. According to the prosecution, the said Vishnu arranged for a solver, namely co-accused Amarendra alias Bahubali, to appear in the examination in his place. During the process of document verification, the stenographer verified the biometric history and found that Vishnu had deliberately altered his Aadhaar biometrics both prior to and after the examination, in order to facilitate the act of impersonation. On the basis of the said allegations, FIR was registered at Police Station City Kotwali, Bhind against the accused persons.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence and he has been made accused on the basis of memorandum of co-accused. It is further submitted that co-accused Vishnu has been granted bail by this Court vide order dated 20.01.2026 in M.Cr.C. No.1989/2026 and the case of the present applicant is akin to that of co-accused. Trial will take time for its conclusion. The applicant is permanent resident of Paloki, Police Station Aati District Gaya (Bihar) and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

Learned counsel for the State vehemently opposed the application and prayed for its rejection submitting that the applicant has criminal history of two cases, which are of similar in nature.

Heard learned counsel for the rival parties and perused the case diary. Considering the overall facts and circumstances of the case, nature of allegations and 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 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 two local solvent sureties of the like amount to the satisfaction of the 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:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

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

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;

The applicant will not seek unnecessary adjournments during the trial;

and

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.