Mahak @ Bablu vs State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:30620
1 MCRC-51886-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
th
ON THE 29 OF OCTOBER, 2026
MISC. CRIMINAL CASE No. 51886 of 2026
CNR No.: MPHC020421132026
MAHAK @ BABLU
Versus
STATE OF MADHYA PRADESH
Appearance:
Ms. Archana Kher - Advocate for the applicant.
Shri Surendra Kumar Gupta public prosecutor for State.
ORDER
This is first application filed by the applicant under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail relating to
FIR/Crime No. 161/2026 registered at Police Station - Crime Branch, Indore
for the offence punishable under Sections 318(4), 3(5) of BNS, 2023.
Applicant is in detention since 7.10.2026.
2. Learned counsel for the applicant submits that direction given in
the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation
and another (2022) 10 SCC 51 and in the case of Arnesh Kumar Vs. State of
Bihar and another (2014) 8 SCC 273 is not complied with by the
authority. She has referred to the provisions of Section 318(4) and 3(5) of
BNS, whereby under Section 318(4), the punishment prescribed is upto
seven years. She has submitted that as such looking to the Section 318(4) of
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 30-10-2026
10:21:24

NEUTRAL CITATION NO. 2026:MPHC-IND:30620
2 MCRC-51886-2026
BNS, no offence is made out against the applicant, looking to the language

of the section and facts of the present case. It is submitted that the applicant
is aged 33 years and having 9 months child and he is the only bread earner in
the family and having no criminal antecedent registered against him and has
been falsely implicated. She has submitted that even strict condition
including deposit of some amount can be imposed if the Court is considering
his case for bail and he has shown willingness to deposit such amount. Trial
will take considerable time to conclude, therefore, it is prayed that the
applicant be released on bail.
3. Learned counsel for the State has opposed the bail application on
the ground of gravity of allegation. He has submitted that there are more than
174 cyber complaints against the bank account of applicant. The applicant
has given his account to other accused and has also given his SIM card to the
accused which was used in multi state cyber fraud. He has further submitted
that if the Court is inclined to consider the case for granting bail, then strict
conditions may be imposed on the applicant in order to ensure his
availability during the course of any further investigation.
4. I have considered the rival submission made at the Bar and perused
the case diary.
6. Considering the age of the present applicant who is 33 years and
having no criminal antecedent, however, considering the fact that the
applicant is having 9 months child and he is the only bread earner in the
family, I am of the view that the interest of justice will survive if case of the
applicant is considered for bail by imposing some appropriate conditions.
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 30-10-2026
10:21:24

NEUTRAL CITATION NO. 2026:MPHC-IND:30620
3 MCRC-51886-2026
Considering the seriousness of the offence, the larger interest of society, and

the personal liberty of the individual, this Court is of the view that the
interest of justice would be served by imposing appropriate conditions and
the trial will take a considerable time, as well as taking into account the
principle 'bail is the rule, jail is the exception' and also the provisions of
Article 21 of the Constitution of India, without expressing any view on the
merits of the case, I deem it a fit case to release the applicant on bail
Therefore, the application is allowed. . Therefore, without expressing any
view on the merits of the case, I deem it a fit case to release the applicant on
bail. Therefore, the application is allowed on following conditions.
1. The applicant shall deposit Rs.5 Lakh within 48 years
from today before the concerned trial Court. On deposit
of such amount, the concerned trial Court shall further
coordinate with the Jail Authority to release of applicant
from the concerned jail.

2. The present applicant shall also file an undertaking
on affidavit that he will remain present before the
Investigating Officer as well as during the course of
trial without any unjustified delay and without any
default.

3. He shall provide his permanent address with address
proof and contact numbers to the concerned police
station.

4. He will deposit his passport, if any, before the
concerned trial Court.

5. He will not indulge in any such activity which affects
the process of investigation during trial in any manner.

6. He shall regularly mark his presence before the
concerned Police Station on first Saturday of every
month till trial gets over.
7. It is directed that applicant be released on bail on his furnishing a
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 30-10-2026
10:21:24

NEUTRAL CITATION NO. 2026:MPHC-IND:30620
4 MCRC-51886-2026
personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with one

solvent surety of the like amount to the satisfaction of the trial Court, for his
regular appearance before the trial Court during trial with a condition that he
shall remain present before the concerned Court on all the dates fixed by it
during trial. He shall abide by all the conditions enumerated under Section
480(3) of BNSS, 2023.
8. He shall strictly follow all above mentioned conditions. He shall
not violate any of the conditions otherwise it will be open for the prosecution
to pray for cancellation of bail.
9. This order shall be effective till the end of the trial. However, in
case of bail jump and breach of any of the conditions of bail, it shall become
ineffective.
Certified copy as per rules.
(SANDEEP N. BHATT)
JUDGE
BDJ

Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 30-10-2026
10:21:24