IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 16 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 731 of 2026 AFTAB AHMAD KHAN Versus THE STATE OF MADHYA PRADESH Appearance:

Ms. Prakshi Bansal - Advocate for the petitioner [P-1].

Shri Samar Ghuraiya Dy Ga appearing on behalf of Advocate General[r-1].

ORDER This is third bail application under Section 483 of BNSS filed by the applicant for grant of bail. Second bail application of the applicant was dismissed as withdrawn with liberty to renew his prayer after statement of complainant vide order dated 24.9.2025 passed in M.Cr.C.No.42761 of

2025.

2. The applicant has been arrested on 8.2.2025 by Police Station-

Crime Branch, District Gwalior in connection with Crime No.1/2025, registered in relation to the offence punishable under Sections 318 (4), 308 (2), 338, 336 (3), 340 (2) of BNS and section 66 (D) of Information Technology Act.

3. As per the prosecution case, the complainant submitted a written complaint at Police Station Crime Branch, Gwalior, stating that on

02.12.2024 at about 11:29 AM, he received a WhatsApp call from an unknown mobile number 7751097412. The caller told him that he was calling from Mumbai Cyber Branch and that an arrest warrant had been issued against the complainant in a money laundering case. The caller further stated that mobile number 9221335467 was registered in the name of the complainant and that several cases were pending on that number. He also threatened that the complainant and his family would be arrested as per court orders. Thereafter, the unknown persons made a WhatsApp video call and interrogated the complainant. Due to fear, stress and panic, the complainant believed their story. Thereafter, the unknown accused persons started demanding money from the complainant. During the incident, the unknown accused persons first got Rs. 15,00,000/- transferred through RTGS into different bank accounts. Thereafter, by threatening and frightening the complainant, they got a total amount of Rs. 71,24,988/- transferred on different dates into various bank accounts through UPI and RTGS. The complainant arranged this money by selling his land on advance basis and by taking money from friends and family members. Out of the said amount, Rs. 94,998/- was returned to the complainant through UPI to gain his confidence. In this manner, the unknown accused persons committed cyber fraud of a total amount of Rs. 70,29,990/- with the complainant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has no direct role in the alleged offence. It is submitted that the entire prosecution case is based mainly on the memorandum statements of co-accused and bank transactions, and there is no direct evidence to show that the present petitioner himself cheated the complainant or made any threatening calls. It is submitted that no recovery has been made from the present petitioner and no device, SIM card, or document has been seized from him which connects him directly with the alleged cyber fraud. It is submitted that mere transfer of money into some bank account or mere naming of the petitioner in the memorandum of a co- accused is not sufficient to establish criminal liability. It is submitted that the petitioner has not made any call to the complainant, nor has he impersonated any officer, nor has he induced the complainant to transfer money. Trial will take time for its conclusion. The applicant is permanent resident of Gautam Budh Nagarm in State of U.P. and there is no likelihood of his absconsion or tampering with the prosecution evidence. He is ready to abide by the terms and conditions as may be imposed. With the aforesaid submissions, prayer for grant of bail is made out.

5. Learned counsel for the State vehemently opposed the application and prayed for its rejection.

6. Heard the counsel for the parties and perused the record.

7. From the perusal of the cas