Kanhaiya Lal Rathore vs Central Bureau Of Investigation
- Court
- Madhya Pradesh High Court
NEUTRAL CITATION NO. 2026:MPHC-JBP:67084
1 MCRC-38726-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
st
ON THE 1 OF SEPTEMBER, 2026
MISC. CRIMINAL CASE No. 38726 of 2026
KANHAIYA LAL RATHORE
Versus
CENTRAL BUREAU OF INVESTIGATION
Appearance:
Shri Manish Datt - Senior Advocate assisted by Shri Rohit Sharma -
Advocate for the applicant.
Shri Vikram Singh - Advocate for the respondent .
ORDER
This first application has been filed by the applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in
connection with Crime No.RC0082026A0014 registered at Police Station-
CBI/ACB, Bhopal, District Bhopal (M.P.) for offence punishable under
Section 7 of the Prevention of Corruption Act. Applicant is in judicial
custody since 29.07.2026.
2. Heard the arguments.
3. Perused the grounds for grant of bail stated in the application,
investigation report and the relevant material on record.
4. Learned senior counsel for the applicant, in addition to the grounds
mentioned in the application, submits that the applicant has been falsely
implicated in the present case. Learned counsel for the applicant further
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 01-09-2026
19:10:32
NEUTRAL CITATION NO. 2026:MPHC-JBP:67084
2 MCRC-38726-2026
submits that no bill was pending with the applicant. There was some dispute
with regard to amount of bills. Therefore, the applicant has been falsely
implicated in the alleged offence. There was no demand or acceptance of
bribe amount by the applicant. The applicant has cooperated in the
investigation and voluntarily submitted his voice sample. Further custodial
interrogation of the applicant is not needed in the matter. The trial would take
time to conclude. The applicant was working as Senior Auditor, Accounts
Office, Central Proof Establishment (CPE), Itarsi, Narmandapuram. He is not
capable of influencing the official panch witness or the CBI officials. The
applicant is aged around 58 years and has responsibility of dependent family.
Jail incarceration is causing hardship to the applicant and dependent family
members. Therefore, the applicant be extended benefit of bail. Learned
counsel relied on the judgment of the Supreme Court in the cases of Arnesh
Kumar vs. State of Bihar reported in (2014) 8 SCC 273 and Satendra Kumar
Antil vs. Central Bureau of Investigation reported in (2022) 10 SCC 51 to
buttress his contentions.
5. Per contra, learned counsel for the State opposes the application on
the ground of gravity of alleged offence. It is submitted that the transcript of
voice recording of conversation of accused and the complainant clearly
established demand of illegal gratification @ 5% of the amount of pending
bills. The applicant was caught red handed while accepting the bribe money
of Rs.9300/-. Forensic report established presence of phenolphthalein in the
hands and pant pocket of the applicant. Therefore, complicity of the applicant
is clearly made out. The investigation is underway and it will be completed
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 01-09-2026
19:10:32
NEUTRAL CITATION NO. 2026:MPHC-JBP:67084
3 MCRC-38726-2026
very soon. Therefore, considering gravity of offence, benefit of bail may not
be extended to the applicant. However, after going through the case diary,
learned counsel fairly states that no criminal antecedent is reported against
the applicant. The applicant is aged around 58 years.
6. As per the accusation on case diary, the complainant - Akhilesh
Kumar Choudhary lodged a written complaint on 28.07.2026 before the CBI,
ACB, Bhopal alleging that 5% of the bill amount for clearing them, is
demanded by Kanhaiya Lal Rathore - Senior Auditor, Accounts Office,
Central Proof Establishment (CPE). A trap proceeding was undertaken.
Applicant - Kanhaiya Lal Rathore was caught red handed while accepting
bribe of Rs.9,300/-. The solution of handwash and pant pocket was sent FSL
for examination. The chemical analysis report from FSL, Bhopal shows
traces of phenolphthalein on the hands and pant pockets of the
applicant/accused. During investigation, voice sample of the
accused/applicant - Kanhaiya Lal Rathore was taken. The Call detail report
was requisitioned and statements of the witnesses have been recorded. The
applicant was arrested on 29.07.2026. He is in custody ever since.
The investigation status report indicates that necessary investigation is almost
over. Further custodial interrogation of the applicant is not needed. The trial
would take time to conclude. The contentions advanced by learned counsel
for the applicant have prima-facie substance and cannot be dismissed as
manifestly baseless. The veracity of prosecution and complicity of the
applicant in the alleged offence will be determined after evidence in the trial.
7. As informed, the applicant is aged around 58 years. He was
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 01-09-2026
19:10:32
NEUTRAL CITATION NO. 2026:MPHC-JBP:67084
4 MCRC-38726-2026
working as Senior Auditor, Accounts Office, Central Proof Establishment
(CPE), Itarsi, Narmandapuram and has responsibility of dependent family.
Considering these aspects, there appears to be no possibility of fleeing from
justice. In absence of any criminal antecedent, considering the socio-
economic status of the applicant, there appears to be no likelihood of
recidivism or tampering with evidence or influencing the witnesses by the
applicant. There appears to be no compelling reason to continue
incarceration of the applicant. However, the observations, herein-above, are
recorded for present application only.
8. Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, the application
is allowed.
9. Accordingly, it is directed that applicant - Kanhaiya Lal
Rathore shall be released on bail in connection with Crime, as mentioned in
first paragraph of this order, upon furnishing a personal bond in the sum of
Rs. 1,00,000/- (Rupees One Lac only) with one surety of the same amount to
the satisfaction of the trial Court, for compliance with the following
conditions : (For convenience of understanding by accused and surety, the
conditions of bail are also reproduced in Hindi as under):-
(1) Applicant shall remain present on every date of hearing as may be
directed by the concerned court;
(1)
आवेदक संबंिधत यायालय के िनद शानुसार सुनवाई क येक ितिथ पर
उप थत रहेगा ।
(2) Applicant shall not commit or get involved in any offence of similar
nature;
(2)
आवेदक समान कृित का केाई अपराध नह $ं करेगा या उसम % स &मिलत नह $ं
होगा ।
(3) Applicant shall not directly or indirectly make any inducement, threat
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 01-09-2026
19:10:32
NEUTRAL CITATION NO. 2026:MPHC-JBP:67084
5 MCRC-38726-2026
or promise to any person acquainted with the facts of the case so as to
dissuade them/him/her from disclosing such facts to the Court or to the
police officer;
(3)
आवेदक करण के त )य* से प +रिचत -कसी /य01 को य2 या अ य2
, ,
3प से लोभन धमक या वचन नह $ं देगा जससे ऐसा /य01 ऐसे त )य* को
यायालय या पुिलस अिधकार $ को कट करने से िनवा +रत हो ।
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4)
आवदेक य2 या अ य2 3प से सा 8य के साथ छेडछाड करने का या
- ,
सा 2ी या सा 2य* को बहलाने फुसलाने दबाव डालने या धमकाने का यास नह $ं
करेगा ।
(5) During trial, the applicant shall ensure due compliance of provisions of
Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023
regarding examination of witnesses in attendance;
(5) ,
0वचारण के दौरान उप थत गवाह * से पर $2ण के संबंध म % आवेदक धारा
/ , 2023
३०९ दं. .सं. ३४६ भारतीय भारतीय नाग +रक सुर 2ा सं -हता के ावधान*
का उिचत अनुपालन सुिन Cत करेगा
10. This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the trial Court may consider, on
merit, cancellation of bail without any impediment from this order.
11. The trial Court shall get these conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of
them is unable to write, the scribe shall certify that he had explained the
conditions to the concerned accused or the surety.
C.C. as per rules
(SANJEEV S KALGAONKAR)
JUDGE
ks
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 01-09-2026
19:10:32