Trial Court: Lower court that initially denied anticipatory bail
High Court: Madhya Pradesh High Court, Indore (MCRC No.4664/2025)
Counsel for Petitioner: Mr. Siddharath Dave (Senior Advocate), Mr. Krunal Saxena, Mr. Amogh Bansal, Aura & Co.
Counsel for Respondent: Mr. Sarthak Raizada, Mr. Pushpinder Singh, Mr. Pashupathi Nath Razdan
Justices: Hon'ble Mr. Justice Aravind Kumar, Hon'ble Mr. Justice Prasanna B. Varale
Issues / Allegations / Violations
The complainant alleged that Bhatt, claiming to manufacture Sodium Acetate Trihydrate, entered into an agreement to supply ten containers of the chemical for Rs 53,05,300.
The complainant paid Rs 58,00,000 via online bank transfer.
Bhatt allegedly dispatched only a few containers, with a shortage of material and the supplied chemical containing only 0.93% Sodium Acetate Trihydrate instead of the agreed 99% purity.
Cheques issued by Bhatt were dishonoured for insufficient funds and overwriting.
The FIR (No.33/2025) charged Bhatt under IPC Sections 406 (criminal breach of trust), 409 (dishonest misappropriation), and 420 (cheating).
The appellant sought anticipatory bail; the trial court rejected, and the High Court upheld the rejection.
Findings & Observations
The Court observed that the dispute over the exact quantity and quality of the chemical is a business‑transaction matter that requires factual examination by the trial court.
Purity issues are to be established through test reports, which are evidentiary matters.
The Supreme Court noted that an interim protection order dated 19.05.2025 had already been granted, directing Bhatt to cooperate with the investigation.
While Bhatt appeared before the IO, the Court found his responses evasive but not constituting a mischief of non‑cooperation.
The Court concluded that the interim protection could be made absolute, allowing anticipatory bail on suitable terms.
Penalties / Settlements / Directions
The Supreme Court set aside the impugned order of the High Court.
It directed the Investigating Officer to grant anticipatory bail to Rushikesh Bhatt on such terms and conditions as deemed fit, including:
Mandatory appearance before the IO whenever called.
Mandatory appearance before the trial court on all hearing dates, unless exempted.
Corrective Actions & Future Obligations
Bhatt must cooperate fully with the Investigating Officer and comply with any conditions imposed for the anticipatory bail.
He must appear before the trial court for every hearing date, except when a lawful exemption is granted.
Final Ruling & Enforcement
The Supreme Court allowed the criminal appeal, set aside the earlier order, and ordered anticipatory bail with the conditions above.
All pending applications in the matter were ordered disposed of.
The order was signed by Justices Aravind Kumar and Prasanna B. Varale on 19 May 2026.