Accused of Acting as Middleman in Criminal Conspiracy During Police Recruitment Examination
The Madhya Pradesh High Court, in a significant ruling dated March 16, 2026, has granted anticipatory bail to Ashok Gurjar, who was accused of being a middleman in a criminal conspiracy involving the manipulation of Aadhaar biometrics for fraudulent recruitment in the Police Constable Examination. The decision was delivered by the bench comprising Justices Vivek Rusia and Pradeep Mittal at the Jabalpur Bench.
The case arose from allegations that certain individuals impersonated candidates during the written examination, receiving monetary compensation for their actions. These candidates were subsequently able to clear the physical efficiency test and secure positions as Constables in various locations across Madhya Pradesh. The manipulation of Aadhaar biometrics was discovered during the document verification stage, leading to the registration of an FIR against the candidates and Aadhaar operators involved.
Ashok Gurjar, apprehending his arrest in connection with Crime No. 74 of 2025 registered at the Cyber and High Tech Crimes Police Station in Bhopal, sought anticipatory bail through a Miscellaneous Criminal Case. His counsel argued that Gurjar was innocent and had been falsely implicated, noting that he had previously been granted bail by the High Court for similar allegations in a related case.
The prosecution, however, opposed the bail plea, highlighting new charges under the Aadhaar Act that were not part of the previous case. Despite this, the court granted anticipatory bail, subject to several conditions including cooperation with the investigation and a prohibition on leaving India without court permission.
The judgment underscores the court's adherence to the principles laid out in the Bharatiya Nagarik Suraksha Sanhita, 2023, particularly regarding the issuance of notices to accused persons and conditions under which an arrest can be made. The court emphasized that the investigating officer cannot arrest an accused who complies with a notice under Section 35(3) unless new evidence necessitates such action.
This ruling also referenced the Supreme Court's stance in Satender Kumar Antil v. Central Bureau of Investigation, underscoring the procedures for issuing notices and the circumstances under which arrests can be made.
The High Court's decision highlights the balance between ensuring compliance with legal protocols and protecting the rights of individuals accused in complex cybercrime cases. The anticipatory bail was granted with conditions aimed at facilitating the ongoing investigation while safeguarding the applicant's liberty.
Bottom Line:
Anticipatory bail granted to an applicant accused of acting as a middleman in a criminal conspiracy involving manipulation of Aadhaar biometrics for fraudulent recruitment in Police Constable Examination.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 35(3), Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 - Sections 35, 36, 42, Information Technology Act, 2000 - Sections 43, 66, 66C, 66D, M.P Recognized Examinations (Amendment) Act, 1984 - Sections 3, 4.
