Madhya Pradesh High Court
Ajeet Mishra vs The State Of Madhya Pradesh on 24 April, 2026
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2026:MPHC-JBP:32490
1 MCRC-14416-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 24 th OF APRIL, 2026
MISC. CRIMINAL CASE No. 14416 of 2026
AJEET MISHRA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Anshuman Singh - Advocate for applicant.
Mr. Anubhav Jain - Govt. Advocate for respondent/State.
ORDER
Case diary is available.
2. This first application under Section 482 of BNSS, 2023 / 438 of CrPC
has been filed by applicant seeking anticipatory bail in connection with Crime
No.137/2023, registered at Police Station Nainpur, District Mandala for offences
punishable under Sections 420, 467, 477, 477-A, 468, 409, 471, 201, 120-B, 34 of
IPC, Sections 66(1), 66(D), 66(C) of I.T. Act, and Sections 12, 13(1)(a), 13(2) of
P.C. Act.
3. According to prosecution case, during the period 26.09.2018 to
11.03.2019, an amount of Rs. 6,51,000/- was withdrawn from the E.P.O. account
of seven beneficiaries by using the digital signature of applicant. Similarly, from
11.03.2019 to 10.06.2019, an amount of Rs. 3,27,000/- was withdrawn from the
E.P.O. by using digital signature of applicant.
4. By referring to order dated 27.05.2017, it is submitted by counsel for
applicant that applicant had already retired in the month of May, 2017, therefore,
there was no question of any fraudulent transaction by applicant by using his
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 24-04-2026
19:18:41
NEUTRAL CITATION NO. 2026:MPHC-JBP:32490
2 MCRC-14416-2026
personal I.D. By referring to enquiry report (Annexure A/4), it is submitted that it
is specifically mentioned that an amount of Rs. 6,51,000/- was withdrawn by
using digital signatures of applicant during the period 26.09.2018 to 11.03.2019
and an amount of Rs. 3,27,000/- was withdrawn during the period 11.03.2019 to
10.06.2019. Thus, it is submitted that either somebody has prepared forged digital
signature of applicant or misused his digital signature even after his retirement.
5. When the case was taken up in the first round, then State counsel was
directed to verify about the life of digital signature and whether they are co-
terminous along with the date of retirement of the person holding the digital
signature or not?
6. After taking due instructions from the competent authority, it is
submitted by counsel for State that applicant had retired on 31.05.2017 and after
his retirement, his services were never extended. It is further submitted that DSC 2
has the validity of two years and DSC of applicant had expired on 23.03.2019.
Therefore, it is submitted that digital signature/DSC of applicant must have been
prepared on 22.03.2017. It is further submitted that after the retirement of
applicant, head of department should have removed the digital signature of
applicant from the portal and the digital signature of successor of applicant should
have been uploaded, but it appears that digital signature of applicant was
recovered and it was used.
7. Heard learned counsel for parties.
8. In the enquiry report, period of defalcation has been specifically
mentioned and as already pointed out, defalcation by misusing the DSC of
applicant started from 26.09.2018 and lasted till 10.06.2019, whereas applicant
had already retired in the month of May, 2017. Therefore, it is clear that officer-
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 24-04-2026
19:18:41
NEUTRAL CITATION NO. 2026:MPHC-JBP:32490
3 MCRC-14416-2026
in-charge should have removed the DSC of applicant immediately after his
retirement, but it was not done, as a result DSC of applicant remained active till
23.03.2019 and during that period, it was misused.
9. Under these circumstances, it is clear that in fact, applicant might not
have committed any offence and somebody else must have used the DSC of
applicant.
10. Accordingly, applicant is found to be entitled for grant of anticipatory
bail. Hence, it is directed that in case if applicant appears before the Investigating
Officer on or before 01.05.2026 and furnishes a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lakh Only) each with one surety each in the like
amount to the satisfaction of the Investigating Officer, then he shall be released on
anticipatory bail.
11. The anticipatory bail shall continue till the conclusion of trial. However,
in case of bail jump, the trial court shall be free to issue arrest warrant and shall be
free to take the applicant in custody. It is made clear that in case if applicant fails
to appear before the Investigating Officer on or before 01.05.2026 or fails to
deposit the amount, then this order shall automatically stand cancelled.
12. With aforesaid observations, the application for grant of anticipatory
bail is allowed.
(G. S. AHLUWALIA)
JUDGE
Hashmi/AKS
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 24-04-2026
19:18:41
