Bail may be granted when the applicant has no criminal antecedents, lacks evidence linking them to the crime, and shows no likelihood of fleeing or tampering with evidence.

ORDER

This first bail application has been filed by applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with Crime No.110/2024 registered at Police Station Crime Branch District- Indore (M.P.) for offence punishable under Sections 318(4),319(2),338 , 336(3) , 340(2) , 238 and 3(5) of BNS, 2023 . Applicant is in judicial custody since 19.11.2024.

As per the case of prosecution, Ghanshyam Keshwani submitted a written complaint with the Crime Branch, Indore, inter-alia stating that he received whats app call from Mobile No.s 7044429368 and 8420279359 from an unknown caller impersonating him as Police Officer from Banda, who informed him that he had done illegal transaction of Rs. 2 crores and 60 lakh in Mumbai branch of Canara Bank and received 15% commission for the said transaction. Thereafter, he has shown certain orders of Supreme Court and certain other documents threatening arrest of the applicant by the CBI. He was threatened of incarceration. The unknown caller then told him that if he want to come out of the case clean handed, he has to make a request to the CBI Officer namely Akash Kulkarni. The Police Officer from Banda thereafter took him on conference call with Akash Kulkarni on mobile No. 8420279359. Akash Kulkarni inquired about the details of bank accounts and asked him to transfer entire amount in his bank account to the RBI account with assurance that if the complainant was found innocent, the said amount will be transferred back to his bank account. Due to fear of social disrepute, he transferred Rs. 40,70,000/- from his SBI and HDFC bank accounts & other bank to the account numbers informed by the caller. He has been cheated and extorted, in all, for Rs. 40,70,000/-by unknown offenders. During investigation, one of the accused Himmat Bhai Devani was apprehended. Himmat Bhai Devani, a resident of Surat, revealed that he has provided account number 000305019461, Log-in ID, ATM Password and Check book of ICICI Bank of Ashish Dave Resident of Vadodra through Shrikant Joshi to the accused Goswami Atul Giri (applicant) resident of Naliya Kacch, Gujarat on 03.10.2024. The accused Goswami Atul Giri and Shrikant Joshi have transferred the embezzled amount in the said ICICI Bank account. Himmat Bhai further revealed that Goswami Atul Giri had allured him of easy money for providing account details of persons for the banking transactions. Applicant - Goswami Atul Giri was arrested on 19.11.2024. He is in custody ever since. Goswami Atul Giri in his statement recorded u/S 23(2) of Bhartiya Sakshya Adhiniyam informed that Yashpal Patel had approached him for arranging the bank account. He provided the bank details of Ashish Dave to Yashpal Patel, which was in turn provided it to Piyush Parmar. He was working on commission. The mobile phone of applicant - Atul Giri was recovered and seized. However, no further investigation in the matter was conducted. Other accused Piyush Parmar and Yashpal Patel are yet to be arrested. On completion of the investigation, final report was submitted against Goswami Atul Giri.

Learned Counsel for the applicant in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter. The allegation against the applicant relates to arranging Bank account on promise of commission. He was not involved in the offence of extortion and cheating. No material collected in the investigation which implicates the applicant in the money trail and shows him beneficiary of extortion or cheating. Learned counsel for the applicant further submits that applicant is aged around 46 years. He is in a private job at Salt Company in Naliya (Gujarat) and sole bread earner of family. No criminal antecedent is reported against the applicant. The trial would take time to conclude. Therefore, applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application on the ground o