The court grants bail considering socio-economic factors, absence of criminal antecedents, and the nearing completion of investigations.

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 29 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 47020 of 2025 AKASH GUPTA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Imran Qureshi, Advocate for the applicant.

Shri Apoorv Joshi, Govt. Advocate for the respondent/State.

ORDER This first application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No. 163/2025 registered at Police Station-Awantipur Badodiya, District Shajapur for offence punishable under Section 318 of BNS, 2023/420 IPC. Applicant is in judicial custody since 23.09.2025.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence. It is purely a commercial civil transaction between the parties. The applicant had given a cheque as security of the transaction which was misused to create pressure on the applicant. He has not committed the Signature Not Verified alleged offence. The ingredients necessary to constitute the alleged offence are not made out against the present applicant. The investigation is almost complete. Further custodial interrogation of the applicant is not needed in the matter. There is no likelihood of tampering with the evidence by the applicant. Jail incarceration is causing hardship to the applicant and dependent family. Applicant is ready to cooperate in the trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the applicant.

According to the material available on case diary, applicant Akash Gupta and complainant Dilip were in trade of sale and purchase of crops of onion and garlic. Applicant Akash induced Dilip to sell his crops at Uttar Pradesh. Dilip provided him truck load of the crops total amounting to Rs.22,28,425/-, but applicant - Akash did not pay him the amount of sale. It is further revealed that Akash has sold his grading machine to Kapil. Akash had given a cheque amounting to Rs.21.00 Lakhs dated 08.07.2025 to clear the payment. That cheque was dishonoured. Akash, with his father, had started business in the name of Shiv Shakti Traders at Uttar Pradesh. On such allegations P.S. Awantipur Badodiya, District Shajapur registered FIR for offence punishable under Section 318 of BNS/420 of IPC agaisnt applicant Akash Gupta. Akash was arrested on 23.09.2025. He is in custody ever since. The investigation is almost complete. Apparently, there was continuing business transactions between the parties. The alleged offence is Signature Not Verified triable by Judicial Magistrate First Class. The veracity of prosecution and intention of the applicant to defraud the complainant will be considered after evidence in trial.

As informed, the applicant is aged 29 years and is a businessman. He has responsibility of the dependent family. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of any criminal antecedent, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant. There appears to be no compelling reason to continue incarceration of applicant. However, the observations, herein-

above, are recorded for present application only.

Considering the rival contentions and overall circumstances of the case, in the light of aforestated facts, but without commenting on the merits, this Court is inclined to release the applicant on bail. Thus, the application is allowed, Accordingly, it is directed that applicant-Akash Gupta shall be released on bail in connect