IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 10 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 37206 of 2025 ARJUN Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Rakesh Vyas, Advocate for the applicant.

Shri Apoorv Joshi, Govt. Advocate for the respondent/State.

ORDER This first bail application has been filed by applicant under Section

483 of Bharatiya Nagarik Suraksha Sanhita 2023 for grant of regular bail in connection with Crime No.429/2024 registered at Police Station- Madhavnagar, District Ujjain(M.P.) for offence punishable under Sections 319(2), 318(4), 336(3), 338, 340(2) of BNS, 2023 and Section 66-D of I.T.

Act. Applicant is in judicial custody since 26.09.2024.

Heard the arguments.

Perused the grounds for grant of bail stated in the application, case diary and the relevant material on record.

Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence on the basis of information given by the co-accused in police custody. He further submits that the applicant himself is a victim. He was working as sweeper in the shop of Kapil. Kapil induced him for opening a joint account in the name of Mahakaal Tours and Travels. All the papers with regard to OnLine Banking, Aadhar Card, Id Card, PAN Card, Cheque Books and other documents were retained by Kapil. Kapil promised to pay him one percent of the money deposited in the account. Learned counsel referred to the statement of applicant and Kapil recorded under Section 23(2) Bhartiya Sakshya Adhiniyam to buttress his contentions. Learned counsel further submits that the applicant was not involved in the Cyber Crime and cheating by digital arrest. No offence, as alleged is committed by the present applicant. He is implicated merely for the reason that his account was used to receive payment by other accused. The final report has been submitted. The prosecution is based on money trail and the statements of bank accounts. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant and the dependent family.

Applicant is ready to cooperate in the trial.

Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported against the present applicant.

According to the material available on case diary, complainant -

Rakesh Kumar Jain submitted a written complaint that he was digitally arrested on threat of money laundering and illegal transaction in an account of HDFC Bank, Mumbai in his name. He had paid Rs.50,71,851/- in Account No.20100030362097 of Mahakaal Tour and Travels through any Fixed Deposit from his Savings Account on 08.08.2024. Thereafter, the assailants again demanded Rs.10.00 Lakhs (Rupees Ten Lakhs). The P.S. Madhavnagar, District Ujjain(M.P.) registered FIR for offence punishable under Sections 319(2) and 318(4) of BNS, 2023. When the money trail was traced, it was revealed that the account of Mahakaal Tour and Travels in Bandhan Bank is in the name of Arjun(applicant). Accordingly, applicant - Arjun was apprehended. He informed that he has opened the account in the name of Mahakaal Tour and Travels at the instruction of Kapil utilizing his mobile Sim. Kapil was also apprehended. He stated that he had learnt to earn money by providing bank accounts. Accordingly, he induced applicant - Arjun to open bank account in the name of Mahakaal Tour and Travels. The final report was submitted on completion of investigation. The prosecution against the applicant is based on money trail and statement of accounts. The veracity of prosecution and complicity of the applicant will be determined after evidence in the trial.

As informed, the applicant is aged around 27 years. He is a sweeper/labourer by profession and has responsi