IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 27 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 3436 of 2026 MUKUL SHARMA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Pramod Kumar Pachori - Advocate for applicant.

Ms Anjali Gyanani - Public Prosecutor for respondent/State.

ORDER The applicant has filed this first application under Section 482 of BNSS/438 of the Code of Criminal Procedure for grant of anticipatory bail. Applicant apprehends his arrest in connection with Crime No.76/2025 registered at Police Station Gijorra, District Gwalior for the offence punishable under Sections 125, 125(A), 296, 351(2) of BNS.

Learned counsel for the applicant submits that the alleged offences are punishable with a maximum sentence of seven years’ imprisonment. Reliance has been placed upon the judgment of the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another, (2014) 8 SCC 273, wherein it has been categorically held that in cases involving offences punishable up to seven years, the police must avoid unnecessary arrests and should exercise discretion strictly in accordance with law. It is contended that the applicant is ent