The Madhya Pradesh High Court recently granted anticipatory bail to an applicant accused of biometric fraud during the MP Police Constable Examination. This judgment underscores the court's discretion in bail matters, even in cases involving serious allegations under multiple statutes, including the Bharatiya Nagarik Suraksha Sanhita (BNSS), Information Technology Act, and Aadhaar Act. The court's order highlights the balance between investigative requirements and the rights of the accused.
Background & Facts
The Dispute
The applicant, Sunny @ Sunny Kumar @ Ranveer, was accused of fraudulently updating his Aadhaar biometrics by replacing his fingerprints with those of appearing candidates to take the Madhya Pradesh Police Constable Examination. After qualifying in both written and physical tests, the irregularities were discovered during document verification, leading to the registration of Crime No. 74/2025 at Police Station Cyber and High Tech Crime, Bhopal.
Key Facts
- The FIR was registered for offences under Sections 61(2), 316(4), 319(2), 338, 339, 340(2), 318(2), 318(4), 336(4), 111, 238, 241, and 61 of the Bharatiya Nagarik Suraksha Sanhita (BNS)
- Additional charges under Sections 43, 66, 66-C, and 66-D of the Information Technology Act (IT Act)
- Charges under Sections 35, 36, and 42 of the Aadhaar Act, 2016
- Charges under Sections 3 and 4 of the M.P. Recognized Examination (Amendment) Act, 1984
- The applicant claimed innocence and stated he is a permanent resident of Bholpur, Bihar
- The applicant was willing to furnish adequate surety and abide by court-imposed conditions
Procedural History
- Date of FIR: Not explicitly mentioned, but registered as Crime No. 74/2025
- 29.06.2026: Miscellaneous Criminal Case (MCRC No. 28044 of 2026) filed before the Madhya Pradesh High Court, Jabalpur, seeking anticipatory bail under Section 482 of BNSS
Relief Sought
The applicant sought anticipatory bail to avoid arrest and detention during the investigation and trial.
The Legal Issue
The primary question before the court was whether the applicant, accused of serious offences under multiple statutes, should be granted anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the gravity of the allegations and the potential for tampering with evidence.
Arguments Presented
For the Applicant
- The applicant is innocent and has not committed the alleged offences
- The applicant is a permanent resident of Bholpur, Bihar, and is willing to cooperate with the investigation
- The applicant is ready to furnish adequate surety and abide by all conditions imposed by the court
For the State
- The State opposed the bail application, likely arguing the seriousness of the offences and the potential for the applicant to tamper with evidence or flee from justice
The Court's Analysis
The court considered the facts and circumstances of the case without commenting on the merits. The judgment reflects the court's discretion in granting anticipatory bail, even in cases involving serious allegations. The court noted:
"Considering the facts and circumstances of the case, this Court is inclined to allow this anticipatory bail application, hence, without commenting on the merits of the case, the application is allowed."
The court directed that the applicant be enlarged on bail upon arrest, subject to furnishing a personal bond and surety. The conditions imposed align with Section 482(2) of BNSS, ensuring the applicant's cooperation during the investigation and trial.
The Verdict
The court allowed the anticipatory bail application. The applicant, if arrested, shall be released on bail upon furnishing:
- A personal bond of Rs. 50,000 (Rupees Fifty Thousand only)
- One solvent surety of the like amount
The applicant must appear before the concerned Arresting Officer during the investigation or trial. The court clarified that the applicant must abide by the conditions enumerated in Section 482(2) of BNSS. Failure to cooperate in the investigation may result in the cancellation of the bail order.
What This Means For Similar Cases
Discretion in Granting Anticipatory Bail
- Courts may grant anticipatory bail even in cases involving serious offences if the applicant is willing to cooperate and furnish adequate surety
- The judgment reinforces that gravity of the offence alone is not sufficient to deny anticipatory bail if other conditions are met
Conditions for Bail Under BNSS
- Section 482(2) of BNSS outlines the conditions for anticipatory bail, including cooperation with the investigation and trial
- Practitioners should emphasize the applicant's willingness to abide by these conditions when seeking anticipatory bail
Potential for Bail Cancellation
- The court explicitly warned that failure to cooperate in the investigation could lead to cancellation of bail
- This underscores the importance of compliance with bail conditions to avoid adverse consequences
