Nirbhay Singh Gurjar vs State Of Madhya Pradesh

Rajesh Kumar Gupta, J

This is second bail application under Section 483 of BNSS filed by the applicant for grant of regular bail. The applicant has been arrested on 17.06.2025 by Police Station- Satanwada, District Shivpuri in connection with Crime No.81/2025 registered in relation to the offence punishable under Section 419, 420, 467, 468, 471, 120-B of IPC and section 3/4 of Madhya Pradesh Recognized Examination Act. His first bail application was dismissed as withdrawn vide ordeer dated 10.09.2025 passed in M.Cr.C.No.39911/2025.

The allegation against the applicant is that he has made repeated biometric changes in his Aadhar ID during the recruitment process in the Constable (GD & Radio) Recruitment Examination, 2023 and the photo taken at the time of written examination presumed to be of a different person. The aforesaid act of the applicant/accused is suspicious and seems to be of some conspiracy. Accordingly, offence was registered again the present applicant/accused.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He has not committed any offence. It is further submitted that there is no iota of evidence to connect applicant with the alleged offence. The applicant is a first-time offender and he has no criminal past. Charge-sheet has been filed and investigation is over. Trial will take time for its conclusion. The applicant is permanent resident of District Gwalior (M.P.) 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. It is further submitted that in some similar set of facts and in the cases of same nature, the prayer for bail has been considered by this Court vide order dated 03.09.2025 passed in M.Cr.C. No.36042/2025, and the case of the present applicant stands on the same footing. 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.

Considering the overall facts and circumstances of the case and nature of allegations as well as 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 one solvent surety 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 themselves 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.