The court granted bail based on the applicant's lack of direct involvement in the alleged crime, age, and absence of a substantial criminal history, emphasizing the need for a fair trial.

ORDER

This first application has been filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with FIR at Crime No.99/2024 registered at Police Station - Crime Branch , District - Indore, (M.P.) for offence punishable under Sections 308(2), 319(2), 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of BNS, 2023. Applicant is in judicial custody since 07.12.2024.

As per the case of prosecution, Chaya Kavadia R/o Bhaktawar Ram Nagar, Indore was subjected to digital arrest under threat of money laundering. She was defrauded and threatened to deposit Rs.46.00 Lakhs in the account details provided by the offenders. Accordingly, Chaya Kavadia transferred total amount of Rs.46.00 Lakhs in Account No.110405003002 of ICICI Bank. During investigation, it was revealed that the aforesaid bank account of ICICI Bank is registered in name of Falah Darain Sabiri Madarsa Samiti, Kanauj(Uttar Pradesh). The KYC documents with regard to opening of account revealed that Ashad Ali Khan and Ali Ahmed Khan(applicant) had opened the account. Applicant Ali Ahmed Khan was apprehended on 07.12.2024. He is in custody ever since. One ICICI Bank cheque book, ATM Card, PAN Card, Adhar Card and seal of the Falah Darain Sabiri Madarsa Samiti, Kanauj (Uttar Pradesh) were recovered at his instance. Co-accused Ashad Ali Khan was also apprehended. He revealed the money trail and the communication with other co- accused, who committed the offence of extortion from Chaya Kavadia. On completion of investigation, final report was submitted.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. He was not aware of the larger conspiracy of digital arrest and extortion from Chaya Kavadia. His son co-accused Ashad Ali Khan offered him donation to run the Madarsa. Accordingly, he consented for opening of bank account at ICICI Bank in name of the Madarsa Samiti as he was Vice President of the Samiti. The account was operated by his son and co-accused Ashad Ali Khan. The transactions of money in the account were conducted by Ashad. The account opening form bears e-mail Id of Ashad and his mobile SIM also. No amount was withdrawn or transferred by the applicant. He is not beneficiary of the transaction of digital arrest and extortion. Further custodial interrogation of the applicant is not needed in the matter as final report has already been filed. The trial would take time to conclude. Therefore, the applicant may be extended the benefit of bail.

Per contra, learned counsel for the respondent/State opposes the bail application on the ground of gravity of alleged offence. Learned counsel contends that the money trail exposed participation of applicant in the alleged offence. The applicant consented to opening of bank account in name of Madarsa Samiti. His family members are the Manager, President and Vice President of the said Madarsa Samiti. Learned counsel further cites criminal antecedent of two cases against the applicant as per the list enclosed on the case diary.

In reply, learned counsel for applicant submits that the other matter relates to money transaction in same account by other complainant. Applicant has never been convicted or prosecuted for any other offence.

Heard the arguments, perused the grounds for grant of bail stated in the application and the case diary.

Allegedly, the applicant consented to opening of bank account in the name of Madarsa Samiti, wherein the proceeds of crime i.e. digital arrest and extortion were deposited and transferred by co-accused Ashad Ali Khan. There is no allegation that the applicant has withdrawn or transferred the amount deposited in the account. The veracity of the prosecution will be determined after evidence in trial. As informed, the applicant is aged around 70 years. He runs a Madarsa in Kanauj(U.P.) and has a family to look after. Considering these aspects, ther