Sanjay Garg vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:83707
1 MCRC-40012-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN
th
ON THE 15 OF OCTOBER, 2026
MISC. CRIMINAL CASE No. 40012 of 2026
CNR No.: MPHC010597442026
SANJAY GARG
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rohan Harne - Advocate for the applicant.
Shri S.M. Patel - Panel Lawyer for the respondent/State.
Shri Dhruv Singh - Advocate for the Objector.
ORDER
This is the first application filed by the applicant under Section 482 of
Bharatiya Nagrik Suraksha Sanhita, 2023, seeking anticipatory bail in
connection with Crime No.913/2026 registered at Police Station Kolgawan,
District Satna, for the offence punishable under Section 331(4) and 305(A)
of B.N.S.
2. Learned counsel for the applicant has submitted that the applicant is
innocent and has falsely been implicated in the case. Learned counsel for the
applicant submits that the applicant is innocent and has been falsely
implicated due to previous business disputes and enmity with the
complainant. It is contended that the complainant has implicated the
applicant out of vengeance, as the applicant had lodged a complaint dated
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 16-10-2026
18:20:47

NEUTRAL CITATION NO. 2026:MPHC-JBP:83707
2 MCRC-40012-2026
12.06.2026 before the Tehsildar regarding alleged illegal mutation and sale

of Government land bearing Khasra No. 39, pursuant to which an enquiry
was initiated. It is further submitted that the FIR dated 08.07.2026 was
registered against an unknown person and the CCTV footage does not clearly
identify the persons involved, as their faces were covered. Learned counsel
further submits that two persons have already been apprehended and the
applicant's custodial interrogation is not necessary. There is delay of 8 days
in lodging the FIR. The applicant is a permanent resident of Satna, there is
no likelihood of his absconding or tampering with the prosecution evidence,
and he is ready to abide by any condition imposed by this Court. Learned
counsel for the applicant has relied on the order passed by Hon'ble Supreme
Court in the case of Miteshgiri @ Mulrajgiri Sevagiri Goswami and another
Vs. The State of Gujarat passed in Special Leave Petition (Criminal ) No.
15785/2026 vide order dated 30.09.2026. In these circumstances, the
applicant be given the benefit of anticipatory bail.
3. Learned counsel for the respondent/State has opposed the
anticipatory bail application and has prayed for its rejection on the ground
that the allegations against the applicant are serious in nature and require
proper investigation. It is further submitted that the applicant's involvement
in the alleged offence cannot be ruled out at this stage and the grounds raised
by the applicant, including previous enmity with the complainant, are matters
of investigation.
4. Per contra, learned counsel for the objector submitted that, in this
case, three accused have been involved. He further submitted that Sanjay
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 16-10-2026
18:20:47

NEUTRAL CITATION NO. 2026:MPHC-JBP:83707
3 MCRC-40012-2026
Garg is the main accused and has been declared an absconder. He further

submitted that, as per the CCTV footage, the applicants were present at the
time of the incident and played an active role in the commission of the
offence. He further submitted that it is an admitted fact that the applicants
have stolen Rs.37,00,000/- and other articles, i.e., silver and gold jewelry.
5. It is submitted that the applicant has suppressed material facts before
this Hon’ble Court. In the table titled “Antecedents/Involvement in Criminal
Case(s)” in the bail application, the applicant has disclosed only seven
criminal cases pertaining to the period from 2005 to 2010 and has shown the
outcome in all of them as “Acquittal”. However, the applicant has
deliberately concealed the fact that Crime No. 0784/2021 was registered at
Police Station City Kotwali, Satna, and Crime No. 0347/2022 was registered
at Police Station Civil Lines, Satna. Both are recent cases and have not been
disclosed in the application. On these grounds, the applicant be not released
on anticipatory bail.
6. Heard the parties and perused the record.
7. The bail is a discretionary domain and the power to grant
anticipatory bail is extraordinary in nature. The Supreme Court in Srikant
Upadhyay and others v. State of Bihar and another, (2024) 12 SCC 382 has
observed that :
"..Though in many cases it was held that bail is said to be a rule, it
cannot, by any stretch of imagination, be said that anticipatory bail is the
rule. It cannot be the rule and the question of its grant should be left to the
cautious and judicious discretion by the court depending on the facts and
Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 16-10-2026
18:20:47

NEUTRAL CITATION NO. 2026:MPHC-JBP:83707
4 MCRC-40012-2026
circumstances of each case. While called upon to exercise the said power,

the court concerned has to be very cautious as the grant of interim protection
or protection to the accused in serious cases may lead to miscarriage of
justice and may hamper the investigation to a great extent as it may
sometimes lead to tampering or distraction of the evidence....".
8. Of-late, the Supreme Court in the case of Tusharbhai
Rajnikantbhai Shah v. Kamal Dayani (2025) 1 SCC 753 has observed that
the power to grant anticipatory bail should not be exercised in routine
manner, but with great degree of circumspection.
9. Considering the facts and circumstances of the case and the
allegations against the applicant, this Court is of the view that the matter
requires proper investigation. The applicant's claim of false implication due
to previous enmity can be examined during the investigation. At this stage,
the possibility of the applicant's involvement in the alleged offence cannot be
ruled out. Therefore, this Court is not inclined to grant the benefit of
anticipatory bail to the applicant. Accordingly, the anticipatory bail
application is dismissed.
(RATNESH CHANDRA SINGH BISEN)
JUDGE
RC

Signature Not Verified
Signed by: RASHMI
TIKARAM CHIKANE
Signing time: 16-10-2026
18:20:47