Praveen Jaiswal vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:85522
1 MCRC-50466-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE AJAY KUMAR NIRANKARI
rd
ON THE 23 OF OCTOBER, 2026
MISC. CRIMINAL CASE No. 50466 of 2026
CNR No.: MPHC010758202026
PRAVEEN JAISWAL
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ayush Shivhare - counsel for the applicant
Shri C M Tiwari - Government Advocate for State
ORDER
This is second application filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 by applicant for grant of regular bail relating
to FIR/Crime No.1064/2025 registered at Police Station Kotwali, District
Betul(M.P.), for the offences punishable under Sections 318, 3(5), 338,
336(3) 340(2) of BNS and Sections 66C & 66D of Information Technology
Act. The applicant is in custody since 15/12/2025. Earlier application of the
applicant bearing M.Cr.C.No.9661/2026 was dismissed on merit by order
dated 01/06/2026.
2. As per the prosecution story emerging from the FIR dated
21.06.2025, the complainant Bisram, resident of Village Kanara, District
Betul, lodged a complaint alleging unauthorized transactions amounting to
approximately Rs.2 crore from his Jan Dhan bank account maintained with
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
17:09:42

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the Bank of Maharashtra, Khedi Sawaligarh, Betul. During the inquiry, the

complainant stated that he had no knowledge of the aforesaid transactions.
He further stated that although an ATM card had been issued in his name, he
had neither received nor used the same. It is also stated that his wife and
daughter used to visit the bank for passbook entries, where the co-accused,
Raja @ Ayush Chauhan, used to assist them. The complainant further stated
that he had provided his documents to the said co-accused for KYC
purposes. That, during the course of investigation, it was allegedly found that
the mobile number registered with the complainant’s bank account had been
changed from 9669211196 to 7772872671 on 21.06.2025, following which
various transactions were carried out through ATM withdrawals, mobile
banking and UPI. The ATM withdrawals were primarily traced to ATMs
situated in the Vijay Nagar and Palasia areas of Indore. That, on the basis of
the aforesaid circumstances, the prosecution alleged that the co-accused,
Raja @ Ayush Chauhan, had fraudulently misused the complainant’s
documents, procured an ATM card and facilitated the change of the
registered mobile number, whereafter the bank account was allegedly
operated by other persons. Accordingly, Crime No. 1064/2025 was
registered at Police Station Kotwali, Betul, initially for the alleged offences
punishable under Sections 318 and 3(5) of the Bharatiya Nyaya Sanhita,
2023, and Sections 66C and 66D of the Information Technology Act, 2000.
During the course of investigation, Sections 338, 336(3) and 340(2) of the
Bharatiya Nyaya Sanhita, 2023, were also added. That the applicant
vehemently denies the allegations levelled against him and submits that he
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
17:09:42

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has been falsely implicated in the present case. It is contended that the

allegations against the applicant are based on mere suspicion, conjectures
and presumptions, without any cogent material establishing his involvement
in the alleged offences. The applicant submits that he has been unnecessarily
arrayed as an accused and subjected to judicial custody despite the absence
of sufficient material demonstrating his culpability. Accordingly, the
applicant prays that the allegations be examined in light of the material
available on record and that appropriate relief be granted to him in
accordance with law.
3. Counsel for the applicant submits that the charge-sheet has been
filed before the learned Trial Court and the custodial interrogation of the
applicant is no longer required. Therefore, the continued detention of the
applicant is not necessary for any further investigative purpose. The material
witnesses have been examined before the learned Trial Court and, as
submitted by the applicant, the said witnesses have not supported the
prosecution case and have turned hostile. This circumstance is relevant for
consideration while deciding the present application for grant of bail. The
prosecution case, insofar as the applicant is concerned, is primarily based on
allegations which, according to the applicant, are not supported by sufficient
independent corroborative material. The applicant is innocent and has no
connection with the alleged offence. He has been falsely implicated in the
present case and, therefore, deserves to be enlarged on bail. There is no
direct, indirect or circumstantial evidence, nor any independent eyewitness
account, which prima facie establishes the involvement of the applicant in
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Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
17:09:42

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the alleged crime. The applicant submits that his continued incarceration is

unwarranted in the absence of sufficient material connecting him with the
alleged offence. The applicant has been implicated in the present case on the
basis of general and omnibus allegations, without any specific overt act
being attributed to him. It is submitted that the allegations against the
applicant do not disclose sufficient grounds to justify his continued
detention. The applicant has been in judicial custody since 15.12.2025, and
the conclusion of the trial is likely to take considerable time. Continued
incarceration during the pendency of the trial would cause undue hardship to
the applicant and would adversely affect his right to personal liberty. In view
of the aforesaid facts and circumstances, it is most respectfully prayed that
this Hon’ble Court may graciously be pleased to enlarge the applicant on
regular bail, subject to such terms and conditions as may be deemed fit and
proper in the interest of justice.
4. Learned counsel for the State opposes the application and submits
that the allegations involve financial transactions of approximately Rs.2 crore
through the applicant’s bank account. It is contended that the change of the
registered mobile number and the subsequent ATM, mobile-banking and UPI
transactions require due consideration in light of the material collected
during the investigation. The absence of recovery from the applicant and the
completion of the investigation do not, by themselves, establish his
innocence or entitle him to bail. Learned counsel for the State also submits
that no sufficient change in circumstances has been demonstrated to warrant
reconsideration of the earlier bail rejection dated 01.06.2026. Accordingly,
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
17:09:42

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dismissal of the bail application is prayed for.

5 . Having heard learned counsel for the applicant and learned
counsel for the State and upon perusal of the case diary and the material
available on record, this Court is of the considered view that no sufficient
ground is made out for grant of regular bail to the applicant. Furthermore, no
substantial change in circumstances has been demonstrated after the
rejection of the applicant’s earlier bail application. Having regard to the
nature and gravity of the allegations and the material presently available on
record, this Court is not inclined to exercise its discretionary jurisdiction in
favour of the applicant at this stage.
Accordingly, the present bail application is dismissed.
.
(AJAY KUMAR NIRANKARI)
JUDGE
S /-

Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
17:09:42