Madhya Pradesh High Court Grants Bail In Cheating Case Conditioned On Full Deposit Of Alleged Dues

The Madhya Pradesh High Court has conditioned the liberty of an accused in a cheating case upon the immediate restitution of the entire alleged sum, reinforcing the use of monetary safeguards in white-collar bail proceedings. The Gwalior Bench allowed the release of the applicant who was accused of defrauding a complainant of ₹1,40,000, provided the amount is deposited with the Trial Court to secure the interests of the victim.

Hon'ble Shri Justice Rajesh Kumar Gupta presided over the first bail application filed under Section 483 of BNSS. The applicant sought release following his arrest in September 2026 for alleged offences involving forgery and cheating under the IPC.

Court Observations and Directions

The Court noted that the investigation was complete and the applicant, being a permanent resident of Morena, posed a low flight risk. Acknowledging the undertaking given by the applicant's counsel to deposit the disputed amount, the Court found it fit to grant bail.

The Court has the following directions:

"i) The applicant will comply with all the terms and conditions of the bond executed by him/her;

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

iii) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

iv) The applicant shall not commit an offence similar to the offence of which he/she is accused;

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

vi) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. vii) It is made clear that the complainant shall be at liberty to withdraw the amount so deposited by the applicant before the Trial Court, subject to such terms and conditions as may be imposed by the Trial Court in accordance with law and the applicant shall not raise any objection the said withdrawal."

The Court, in its reasoning, observed: "Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail subject to deposition of amount of Rs.1,40,000/- (Rs. One lac Forty Thousand Only) before the Trial Court along with a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court/Remand Magistrate."

Background

The dispute originated from an FIR registered at Police Station Mahua, District Morena, alleging that the applicant had cheated the complainant of ₹1,40,000. Following his arrest on September 17, 2026, the applicant was charged under Sections 420, 467, 468, and 471 of the IPC.

During the proceedings, the counsel for the applicant argued that the applicant was falsely implicated and had been in custody for nearly two months. It was further contended that since the charge-sheet had already been filed, no further custodial interrogation was necessary. To demonstrate bona fides, the applicant undertook to deposit the full amount of ₹1,40,000 before the Trial Court. The State opposed the bail application, but the Court, considering the facts and the voluntary offer of deposit, allowed the application and disposed of the matter with specific conditions.

Case Details:
Case No.: MISC. CRIMINAL CASE No. 54963 of 2026
Neutral Citation: 2026:MPHC-GWL:34306
Case Title: Mul Singh Alias Aditya Versus The State Of Madhya Pradesh
Appearances:
For the Petitioner(s): Shri Mayank Bajpai - Advocate
For the Respondent(s): Shri Harish Sharma - Dy. GA

Source: 2026 CaseBase(MP) 36570