Amitabh Rawat @ Abhitabh Rawat vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:17231
1 MCRC-23491-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
th
ON THE 30 OF JUNE, 2026
MISC. CRIMINAL CASE No. 23491 of 2026
AMITABH RAWAT @ ABHITABH RAWAT
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Amitabh Gupta, learned counsel for the applicant through VC.
Shri Romil Verma appearing on behalf of Advocate General[r-1].
ORDER
This second application has been filed by applicant under Section 482 of
Bharatiya Nagarik Suraksha Sanhita 2023 for grant of anticipatory bail in
connection with Crime No.367/2025 registered at Police Station-Bilpank,
District- Ratlam(M.P.) for offence punishable under Sections 238, 318(4), 319(2),
336(3), 338, 340(2), 61(2) of BNS, 2023; offences under Section 3/4 of Pariksha
Adhiniyam and Sections 66C & 66D of I.T. Act. Applicant is apprehending arrest
in the matter.
02. The first application for anticipatory bail was dismissed on merits
vide order dated 12.02.2026 passed in M.Cr.C. No.6878/2026.
03. The present substantive anticipatory bail application has been
preferred on the grounds mentioned in paragraph 6 of the application, which
is reproduced hereinbelow as verbatim:

"i. That the Applicant has not committed any
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Signed by: VARSHA SINGH
Signing time: 01-Jul-26
6:13:09 PM

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offence but is desirous of co-operating the Police in its

investigation.
ii. That when the Hon'ble Court has permitted
him to join investigation with the safeguard of
Anticipatory bail in 6 different FIRs arising out of same
Exam then in this case also he deserves favourable and
benevolent consideration of this hon’ble court.
iii. That the applicant has knocked the doors
of the Hon'ble Court only in order to save his hard- -
earned reputation from being spoiled at the event of his
arrest by the police in relation to the alleged offence.
iv. That there is no possibility of Applicant's
fleeing from justice rather he wants to appear before the
Police for the purpose of helping them in the
investigation."
04. Apart from the abovementioned grounds, it is argued that the
provisions of the Aadhaar (Authentication and Offline Verification)
Regulations, 2021, the Aadhaar (Enrolment and Update) Regulations, 2016,
as well as the Handbook for Enrolment Operators, have not been considered.
It is further argued that, vide order dated 22.04.2026 passed in M.Cr.C.
No.16499/2026 (Annexure-A/3), the Division Bench of the High Court of
Madhya Pradesh at Jabalpur granted relief by holding that the aforesaid
offences are covered by the judgment in Arnesh Kumar v. State of Bihar &
Anr., reported in (2014) 8 SCC 273. Similar relief has also been granted by
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Signed by: VARSHA SINGH
Signing time: 01-Jul-26
6:13:09 PM

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the High Court of Madhya Pradesh in connection with Crime No.74/2025

registered at Police Station Cyber and High Tech Crimes, Bhopal (M.P.);
Crime No.419/2025 registered at Police Station Madhoganj, District
Gwalior, vide order dated 15.09.2025 passed in M.Cr.C. No.41057/2025 by
the Bench at Gwalior; Crime No.303/2025 registered at Police Station City
Kotwali, District Bhind, vide order dated 13.11.2025 passed in M.Cr.C.
No.52044/2025 by the Bench at Gwalior; Crime No.299/2025 registered at
Police Station City Kotwali, District Morena, vide order dated 08.12.2025
passed in M.Cr.C. No.53503/2025; Crime No.198/2025 registered at Police
Station Kampoo, District Gwalior, vide order dated 20.11.2025 passed in
M.Cr.C. No.53765/2025; Crime No.89/2025 registered at Police Station
Satanwada, District Shivpuri, vide order dated 18.02.2026 passed in M.Cr.C.
No.55126/2025; and Crime No.237/2025 registered at Police Station
Alirajpur, vide order dated 07.05.2026 passed in M.Cr.C. No.20841/2026. It
is further submitted that the Hon'ble Apex Court, vide order dated
20.05.2026 passed in Special Leave to Appeal (Crl.) No.9453/2026, directed
that, till the next date of hearing, no coercive steps shall be taken against the
petitioner herein in relation to F.I.R. No.102/2025 dated 06.05.2025, lodged
at Police Station Kotwali, District Sheopur.
05. On the contrary, counsel for the State has opposed the prayer that
Section 338 of the BNS, 2023 is punishable with imprisonment of life, or
with imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine. Accordingly, the present case is not
covered by the judgment in Arnesh Kumar (supra), and all other grounds
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Signed by: VARSHA SINGH
Signing time: 01-Jul-26
6:13:09 PM

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have already been considered in the earlier order. There has been no change

in circumstances warranting consideration of this successive anticipatory bail
application.
06. Before proceeding further, the operative part of the earlier order
dated 12.02.2026 in M.Cr.C.No.6878/2026 by the coordinate Bench of this
Court is being reproduced as below:-
"Considered.
As per the accusation on case diary, Durgesh applied for
post of Constable in Police Constable Recruitment Exam,
2023. Allegedly, the applicant Abhitab forged the
Biometrics in the database of Aadhar to facilitate
appearance of Deendayal in the examination in place of
Durgesh. Durgesh cleared the written examination. At the
time of verification of the documents, the inconsistency in
handwriting was revealed. The Police Station - Bilpank,
District Ratlam(M.P.) registered FIR for offence punishable
under Sections 238, 318(4), 319(2), 336(3), 338, 340(2),
61(2) of BNS, 2023; under Section 3/4 of Pariksha
Adhiniyam and Sections 66C & 66D of I.T. Act. Durgesh
was arrested on 21.06.2025. Durgesh informed that
applicant - Abhitab had induced him to pay Rs.7.00 Lakhs.
Applicant had facilitated Deendayal as solver in the
examination by manipulating the his Biometric
identification with Deendayal. Other accused Ramshankar
also informed that applicant - Abhitab Rawat had induced
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Signed by: VARSHA SINGH
Signing time: 01-Jul-26
6:13:09 PM

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Durgesh and facilitated writing of examination by

Deendayal in place of Durgesh. The material on case diary
reveals that the applicant is the kingpin of the entire
fraudulent transaction. He has never been available for the
investigation. The custodial interrogation of the applicant
would be required to unearth the entire conspiracy and the
modus operandi with regard to manipulation of Biometric
identification in the Aadhar database. The allegation
against the applicant has large ramifications as it relates to
manipulation of Aadhar database. This Court is of the
considered opinion that the applicant does not deserve rare
and exceptional relief of anticipatory bail in aforestated
factual scenario.
Consequently, the application for grant of anticipatory
bail is dismissed."
07. Now, the grounds urged herein, when considered in the light of
Section 338 of the Bharatiya Nyaya Sanhita, 2023, show that the applicant’s
case is not covered by the judgment in Arnesh Kumar (supra). The relief in
the other offence was granted on the facts of that case.
08. A successive anticipatory bail application is maintainable only if
there is a substantial change in circumstances since the rejection of the
previous application. The filing of second and successive bail application on
the basis of new arguments and new twist on the same facts cannot be
encouraged. It cannot be entertained on the specious plea of a change in
circumstances. The earlier order dated 12.02.2026 clearly discloses that all
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Signed by: VARSHA SINGH
Signing time: 01-Jul-26
6:13:09 PM

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aspects have already been considered, and the grounds now raised do not

constitute any substantial change in circumstances warranting the grant of
anticipatory bail. Accordingly, this successive anticipatory bail application
stands dismissed.
C.C. as per rules.
(GAJENDRA SINGH)
JUDGE
VS

Signature Not Verified
Signed by: VARSHA SINGH
Signing time: 01-Jul-26
6:13:09 PM