Dara Singh vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:1273

1 MCRC-1144-2026 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE ON THE 12th OF JANUARY, 2026 MISC. CRIMINAL CASE No. 1144 of 2026 DARA SINGH Versus THE STATE OF MADHYA PRADESH Appearance: Shri Arun Kumar Paterya - Advocate for the applicant. Ms. Anjali Gyanani - Public Prosecutor for the State.

ORDER

This is the first application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 filed by the applicant seeking grant of anticipatory bail in connection with Crime No.346 of 2025 registered at Police Station Purani Chhawani, District Gwalior (M.P.) for the offence punishable under Sections 318(4), 336(2), 336(3), 338, 340(2), 61(1) of BNS, 2023.

As per the case of the prosecution, the present offence was registered on the basis of a written complaint submitted by the complainant Girraj Pal.

In his complaint, he alleged that his brother Sukhlaal, aged about 37 years, is mentally unsound and had been missing from home for the last four days. Upon making inquiries and conducting a search, it was found that on 09.10.2025 he was seen at Krishna Gurjar's Dhaba in the company of Sanjo Khan and Dara Singh Narwariya (present applicant), residents of Susera Kothi. Thereafter, on 10.10.2025, he was seen at the Registrar Office,

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2 MCRC-1144-2026 Gwalior, along with Gambhir Narwariya, resident of Mahu, Mangal Jatav, resident of Susera Kothi, and Villesh Kirar, resident of Susera Kothi.

When the aforesaid persons were questioned, they did not provide any information. Consequently, the applicant filed a Habeas Corpus petition before this Court on 13.10.2025. Subsequently, the applicant came to know that among the said persons, Gambhir Narwariya, in conspiracy with Ravindra Singh Lodhi and Habib Khan, by committing cheating and forgery, took advantage of the mental unsoundness of the complainant's brother, misled and induced him, and got a registered sale deed executed in his own name with respect to agricultural land bearing Survey No.42, ad-measuring 0.2615 hectares, situated at Ward Colony Chakraypur, Ward No.63, District Gwalior, vide registered sale deed dated 10.10.2025, Registration Initial ID

R-10102501486587, E-Stamp Code 01012110102025006238. It was further alleged that after the accused persons came to know about the filing of the Habeas Corpus petition regarding Sukhlaal, they released him from their illegal confinement and abandoned him outside Purani Chhawani. Thereafter, on 16.10.2025, the police produced Sukhlaal before this Court, wherein from the statement of the State Police, it was found that Sukhlaal was mentally unsound. On the complaint of the applicant, this Court directed registration of an FIR against the accused persons for committing a grave, rare and heinous offence by cheating a mentally unsound person, subjecting him to physical and mental torture, enticing and misleading him, and giving false assurances of marriage, and thereby getting a sale deed executed in respect of his valuable land. In pursuance of the said directions, a written report was

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3 MCRC-1144-2026 sent to the Superintendent of Police, Gwalior, and the Station House Officer, Police Station Purani Chhawani.

During investigation, separate statements of the complainant/Girraj Pal, the victim Sukhlaal, witnesses including document writer Prashant Sahu, service provider and named witness Mandeep Rathore, Bunty Kirar, hotel operator Narayan, and Manish Kumar were recorded. Separate statements of the accused persons Gambhir Singh, Mangal Jatav, Villesh alias Udaybhan Singh, Dara Singh (present applicant), and Habib alias Sanjo Khan were also recorded. From the Registrar Office, copies of the registry executed by the victim Sukhlaal dated 10.10.2025 and 19.09.2018 were obtained, along with bank statement details of accused Gambhir Singh Lodhi. Information was received that no bank account of the victim Sukhlaal was found to be opened. The victim Sukhlaal was admitted for treatment at the Mental Hospital, Gwalior, from 18.10.2025 to 01.11.2025, and his medical report dated 07.11.2025 was obtained. During investigation, it was also found that no bank account of the vendor Sukhlaal existed and on 10.10.2025, the alleged payment of Rs.10,00,000/- by cheque No.703396, dated 10.10.2025 from account numbers 159340263409 and 250003011940 of co-accused Gambhir Singh to the vendor Sukhlaal was not made. It was further found that even the alleged cash payment of Rs.44,000/- was not made. Accordingly, an FIR was registered against co-accused Gambhir Singh Lodhi, Habib Khan, Ravindra Singh Lodhi and others vide Crime No. 346/25 under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS).

During further investigation, a spot map of the place of occurrence was

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4 MCRC-1144-2026 prepared, statements of the complainant and witnesses were recorded, and the medical report of the victim Sukhlaal from the Mental Hospital was received. During investigation, it was found that the accused persons Gambhir Lodhi, Sanjo alias Habib Khan, Ravindra Lodhi, Dara Singh (present applicant), Mangal Jatav, and Billesh alias Udaybhan Singh, knowing fully well that the victim Sukhlaal was a person of sub-normal intelligence, conspired and deceitfully got the sale deed of the aforesaid land of which he was the owner executed in favour of purchaser Gambhir Singh. Consequently, Sections 336(2), 336(3), 338, 340(2), and 61(1) of the Bharatiya Nyaya Sanhita were added to the case. In the present case, seizure of the cheques mentioned in the registry, land-related documents, and documents prepared in the name of the victim Sukhlaal is pending, and further investigation is in progress.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and his involvement is not borne out from the material available on record. It is further submitted that the applicant is not named in the First Information Report, and his implication has emerged only at a subsequent stage of investigation, which by itself creates serious doubt regarding the credibility and genuineness of the allegations levelled against him. It is further submitted that the applicant is neither the seller nor the purchaser of the disputed land, and he is also not an attesting witness to the alleged sale deed dated 10.10.2025. His name does not figure anywhere in the registration proceedings, sale consideration details, or in any revenue or registration records connected with the

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5 MCRC-1144-2026 impugned transaction. It is further submitted that the applicant is not a beneficiary in any manner whatsoever from the alleged transaction. No monetary benefit, property interest, or indirect advantage has accrued to the applicant, and no recovery of any nature has been effected from his possession during the course of investigation. In absence of any material demonstrating benefit, participation, or complicity, the essential ingredients of the alleged offences are conspicuously absent against the applicant. It is further submitted that the applicant has been roped in solely on the basis of alleged association with co-accused persons, which is impermissible in law. Mere presence or acquaintance, without any overt act or supporting evidence, cannot form the basis for criminal prosecution. It is further submitted that Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 is not attracted in the facts of the present case insofar as the present applicant is concerned. The foundational ingredients of the said provision, namely, intentional cheating, dishonest inducement, and delivery of property, are completely lacking against him. It is further submitted that there is no allegation or material on record to suggest that the applicant made any false representation, induced the victim to execute the sale deed, or played any role whatsoever in the execution of the impugned document or delivery of property. The prosecution case does not disclose any act, conduct, or omission on the part of the applicant that would constitute the offence of cheating within the meaning of Section 318(4) BNS. It is further submitted that the applicant neither participated in the execution of the sale deed nor received any sale consideration, either directly or indirectly. The applicant is

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6 MCRC-1144-2026 ready and willing to cooperate with the investigation and abide by all conditions that may be imposed by this Court. Accordingly, anticipatory bail is sought.

Per contra, learned Public Prosecutor for the State as well as the counsel for the complainant opposed the application and prayed for its rejection by contending that the material collected during investigation prima facie discloses the involvement of the present applicant in the commission of the alleged offences. It is further contended that the applicant was in active association with the co-accused persons and was last seen with the victim Sukhlaal during the relevant period, which establishes his role in the overall conspiracy. The offence pertains to exploitation of a mentally unsound person and illegal execution of a sale deed of valuable agricultural land, which is grave and serious in nature. It is further submitted that the investigation is still in progress and crucial documentary evidence, including seizure of land records and related documents, is yet to be completed. At this stage, the role of the applicant cannot be segregated from that of the co- accused, and granting relief would adversely affect the investigation and may lead to tampering with evidence or influencing witnesses.

Considering the overall facts and cirrcumstances of the case, as well as the fact that the material placed on record does not disclose the possibility of the applicant fleeing from justice, this Court is inclined to extend the benefit

of anticipatory bail to the applicant. Accordingly, this Court, without commenting on the merits of the case, is of the opinion that the applicant deserves to be extended the benefit of anticipatory bail. Accordingly, this

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7 MCRC-1144-2026 application is allowed. It is directed that in the event of arrest, the applicant shall be released on anticipatory bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer, subject to compliance of the following conditions by the applicant:-

i) The applicant will comply with all the terms and conditions of the bond executed by him;

ii) The applicant will cooperate in the investigation/trial, as the case may be;

iii) The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;

vi) The applicant will not seek unnecessary adjournments during the trial;

v) 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

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8 MCRC-1144-2026 pwn*

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