IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

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ON THE 16 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 44563 of 2025 PRASHANT Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Ashish Gupta - Advocate for the applicant.

Shri Virendra Khadav - G.A. for State.

ORDER

1] They are heard. Perused the case diary / challan papers.

2] This is the applicant’s first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023/439 of Criminal Procedure Code, 1973, as he/she is implicated in connection with Crime No.126/2025 registered at Police Station - Cyber Cell, Zone Indore, (MP) for offence punishable under Sections 318(4) & 319(2) of B.N.S., 2023 and Sections 66-D of I.T. Act. The applicant is in custody since 17.09.2025.

3] The allegation against the applicant is of his involvement in the aforesaid cyber fraud in which the complainant has been duped to the tune of Rs.1,41,95,328/-, and it is alleged that a sum of Rs.4,50,000/- has been credited into the account of the applicant by the complainant at the instance of the main accused.

4] Counsel for the applicant has submitted that the applicant is running a medical shop in the name of Nagar Medical Agency and has no criminal past, and the amount was received by him only at the instance of the main accused, as the applicant wanted to launder his money also, and he has already paid the amount to the mediator. It is also submitted that the applicant was misled into the crime, as he is also ready to deposit the amount involved so far as his account is concerned in the trial Court. Thus, it is prayed that the application be allowed.

5] Counsel for the State, on the other hand, has opposed the prayer.

6] Having considered the rival submissions, perusal of the case-diary, and taking note of the fact that the applicant himself is a businessman and there are no criminal antecedents, and he is also ready to deposit the amount of Rs.4,50,000/- received by him from the complainant, this Court is inclined to allow the present application on certain strict terms.

7] Accordingly, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed subject to depositing a sum of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand) by the applicant or any other person on his behalf, out of which, Rs.1,50,000/- (Rupees One Lakh Fifty Thousand), before his release i.e. at the time of furnishing the bail bond in a fixed deposit in a nationalized bank, and producing the receipt/certificate of the same before the concerned trial Court. 8] The rest of Rs.3,00,000/-(Rupees Three Lakh) to be deposited by the applicant in three equal installments of Rs.1,00,000/- each within a period of three months from the date of his release, in a fix deposit in a nationalized bank, and producing the receipt/certificate of the same before the concerned trial Court, and the said amount shall be subject to the final outcome of the case by the trial Court. The deposit receipt/certificate so produced by the applicant shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicants and shall be subject to the final decision of the case by the trial Court'.

9] It is further directed that the applicant shall be released on bail on his furnishing a bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he/she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

10] M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE Pankaj