Ganesh Kumar Ojha vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:9193
1 MCRC-8943-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 16 OF MARCH, 2026
MISC. CRIMINAL CASE No. 8943 of 2026
GANESH KUMAR OJHA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Dinesh Singh Rathore - Advocate for the applicant.
Shri Brijesh Kumar Tyagi - GA for the respondent/State.
ORDER
This is second application under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS) filed by the applicant for grant of bail. His
first bail application was dismissed as withdrawn vide order dated
12.01.2024 passed in M.Cr.C. No.26594/2023 by this Court.
The applicant has been arrested on 26.03.2023 in connection with
Crime No.17/2023 registered at Police Station Padav District Gwalior for
offences punishable under Sections 420, 406, 409, 34 of IPC.
According to the prosecution, complainant Rajkumari filed a
complaint at Padav Police Station, Gwalior on 19.01.2023 alleging that
Narayandas, Ashok Kumar, Ajay Singh, and Ganesh Ojha jointly operated a
firm named Char Chatur Associates from Shelter Hotel, Padav, Gwalior,
where they sold plots to customers. The accused showed land documents
(Khasra-Khatauni) in their names and induced the complainant and her
husband to book Plot No. 144 (25×50) in Anjanidham Phase-2 for
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 3/17/2026
6:15:28 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9193
2 MCRC-8943-2026
₹ 10,00,000 under a “100% cashless scheme” promising repayment in 40

installments. The complainant’s husband initially paid ₹ 15,000 for booking.
Later, ₹ 4,35,000 and ₹ 4,00,000 were transferred through bank accounts to
Ajay Singh and Ashok Kumar. On 05.08.2021, an additional ₹ 2,20,000 was
paid by cheque at the notary’s office, where Ashok Kumar, as partner of the
firm, executed an agreement with the complainant. A cheque No.000835 was
also issued as a guarantee for the scheme. Subsequently, the accused
allegedly absconded and avoided executing the sale deed, thereby cheating
the complainant. Based on the complaint, Crime No. 17/2023 was registered
against the accused persons.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. The instant bail
application has been preferred primarily on the ground of grave prejudice
caused to the applicant due to the inordinate delay in the conclusion of the
trial. It is submitted that the applicant has been in judicial custody since
26.03.2023, and out of a total of 11 prosecution witnesses cited by the
prosecution, only 08 witnesses have been examined so far, while the
remaining witnesses are yet to be examined. The trial is not likely to
conclude in the near future. It is further submitted that the applicant is a
permanent resident of District Gwalior and there is no likelihood of his
absconding or tampering with the prosecution evidence. In view of the
aforesaid facts and circumstances, it is prayed that the applicant be enlarged
on bail.
Per contra, the learned counsel for the State has vehemently opposed
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 3/17/2026
6:15:28 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9193
3 MCRC-8943-2026
the present application. So far as the ground of alleged prejudice on account

of delay in trial is concerned, it is submitted that the trial is progressing and
08 witnesses have already been examined out of a total of 11 prosecution
witnesses. In view of the above submissions, it is prayed that the present bail
application be dismissed.
Heard learned counsel for the parties and perused the case diary.
Bail is a manifestation of the fundamental right to personal liberty
guaranteed under Article 21 of the Constitution of India and may be denied
only in accordance with the procedure established by law. The right to a
speedy trial is an integral and inseparable facet of the right to life and
personal liberty. In the present case, this constitutional guarantee stands
violated, as the trial has been pending for an inordinately long period and the
petitioner has already undergone pre-trial incarceration for more than two
and a half years. Continued detention of the petitioner, in such
circumstances, would amount to punishment prior to conviction and would
be wholly unjustified.
Considering the aforesaid and the fact that the material placed on
record does not disclose the possibility of the applicant's fleeing from justice,
this Court is inclined to extend the benefit of bail to the applicant.
Accordingly, without commenting on merits of the case, this bail
application is allowed. It is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
Only) with one solvent surety in the like amount to the satisfaction of the
concerned trial Court for his appearance before it on the dates given by the
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 3/17/2026
6:15:28 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:9193
4 MCRC-8943-2026
concerned Court.

This order will remain operative subject to compliance of the
following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the
bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case
may be;
3. The applicant will not indulge himself 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;
4. The applicant shall not commit any other offence during pendency
of the trial, failing which this bail order shall stand cancelled automatically,
without further reference to the Bench;
5. The applicant will not seek unnecessary adjournments during the
trial; and
6. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(MILIND RAMESH PHADKE)
JUDGE
neetu
Signature Not Verified
Signed by: NEETU
SHASHANK
Signing time: 3/17/2026
6:15:28 PM