Mohamad Mustafa Mansuri vs The State Of Madhya Pradesh

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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. 45537 of 2026
CNR No.: MPHC010685082026
MOHAMAD MUSTAFA MANSURI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Mohammad Ali - Senior Advocate with Shri Vivek Rana &
Ms.Rashi Shrivastava - counsel for the applicant.
Shri C.M.Tiwari Govt. Advocate for the respondent - 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.17105/2026 was dismissed on merit by order
dated 01/06/2026..
2. As per the prosecution case, the applicant had opened a Jan Dhan
Yojana bank account bearing Account No. 60210618817 at the Bank of
Maharashtra, Khedi Sawligadh Branch, Betul, Madhya Pradesh. The mobile
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Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
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number linked to the said bank account was 9669211196. He was informed

by the bank that transactions amounting to approximately Rs. 2 crore had
been carried out through his bank account, of which he had no knowledge. It
is further alleged that an ATM card had been issued in his name; however,
the said ATM card was never received by him. He has further stated that he
does not know how to operate or use an ATM card.The material further
indicates that the mobile number linked to the applicant’s bank account was
changed from 9669211196 to 7772872671 on 21.06.2025, following which
transactions were allegedly conducted through ATM withdrawals, mobile
banking and UPI. The ATM withdrawals were primarily traced to the Vijay
Nagar and Palasia areas of Indore. Significantly, the prosecution material
itself indicates the alleged use of the applicant’s banking credentials and
documents by other persons, as well as the use of the subsequently changed
mobile number for conducting the disputed transactions.
3. Counsel for the applicant submits that present application is
founded upon subsequent developments and material circumstances arising
after the rejection of the earlier bail application and is not a mere reiteration
of the grounds previously urged. It is submitted that a subsequent bail
application may be considered where a material change in circumstances or
the legal position warrants reconsideration, subject to due consideration of
the reasons recorded while rejecting the earlier application. The applicant has
remained in judicial custody continuously since 11.01.2026, and the period
of incarceration has substantially increased since the rejection of the earlier
bail application. The prolonged detention of the applicant is a relevant
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consideration while examining his entitlement to the relief of regular

bail. The investigation has been completed and the charge-sheet has been
filed before the competent Court. Consequently, the applicant is no longer
required for custodial interrogation, and his continued detention does not
serve any further investigative purpose. The applicant submits that his
presence during the trial can be secured by imposing appropriate
conditions. The prosecution case substantially rests upon transactions
allegedly carried out through banking channels, electronic records, account
entries, ATM transactions, UPI and mobile-banking data, and other
documentary and electronic evidence. Such material is stated to be within the
possession or control of the investigating agency or the concerned financial
institutions. In these circumstances, the applicant submits that there is no
reasonable apprehension of his tampering with or destroying the evidence,
particularly when the investigation has already been completed. The material
collected during the investigation indicates that the registered mobile number
of the applicant was changed to 7772872671 and that certain transactions
were thereafter carried out through ATM, mobile banking and UPI facilities.
The investigation material also refers to the alleged use of the applicant’s
documents by another accused. The applicant submits that these
circumstances require consideration in the context of the specific role
attributed to him and the absence of any conclusive material demonstrating
his personal involvement in the alleged transactions. No alleged proceeds of
crime have been recovered from the personal possession of the applicant, nor
has any specific material been brought to the applicant’s notice
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demonstrating that he personally withdrew, transferred or otherwise dealt

with the alleged amounts. The applicant submits that the absence of such
material is a relevant circumstance to be considered while assessing the
nature of the allegations and the necessity of his continued incarceration. As
already submitted in the earlier bail application, no incriminating article or
alleged proceeds of crime were seized from the applicant, and no specific
overt act establishing his direct or indirect involvement in the alleged
offence has been attributed to him. The applicant submits that his continued
detention, in the absence of any further incriminating material or subsequent
development establishing a necessity for custody, is unwarranted. The
applicant has no criminal antecedents and is a permanent resident of Madhya
Pradesh. His permanent residence and roots in the community substantially
mitigate any reasonable apprehension of his absconding. The applicant
undertakes to cooperate with the trial proceedings, remain present before the
learned Trial Court as and when directed, and abide by all conditions
imposed by this Hon’ble Court. The applicant’s present medical condition
constitutes an additional circumstance warranting consideration of his prayer
for bail. The applicant is presently suffering from depression and depressive
symptoms and requires appropriate psychiatric evaluation, medical treatment
and family support. It is submitted that his medical condition deserves due
consideration while deciding the present application, particularly in view of
the period of custody already undergone and the completion of the
investigation. The applicant is willing to undergo medical examination and
treatment as directed by this Hon’ble Court. In view of the aforesaid
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subsequent circumstances, the period of incarceration, the completion of the

investigation, the nature of the evidence relied upon by the prosecution, and
the applicant’s medical condition, 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,
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
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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