Rajender vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:85522
1 MCRC-50802-2026
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. 50802 of 2026
CNR No.: MPHC010762992026
RAJENDER
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Samar Singh Rajput - counsel for the applicant
Shri C M Tiwari - Panel Lawyer 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 11/12/2025. 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 facts of the case, an FIR dated 21.06.2025 was lodged
on the basis of a complaint submitted by the complainant, Bisram, resident
of Village Kinara, District Betul, before the Investigating Officer, U.N.
Ashwini Choudhary, Cyber Cell. The complainant stated that he maintained
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
17:09:42

NEUTRAL CITATION NO. 2026:MPHC-JBP:85522
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a Jan Dhan Yojana bank account bearing Account No. 60210618817 with

the Bank of Maharashtra, Khedi Sawaligarh, District Betul, linked to mobile
number 9669211196. Upon receiving information from the bank that
transactions amounting to approximately Rs.2 crore had been carried out
through the said account, the complainant expressed his ignorance regarding
the transactions. He further stated that although an ATM card had been
issued in his name, he had neither received nor used it and was unfamiliar
with its operation. He also stated that his wife and daughter used to visit the
bank for passbook entries, where Raja alias Ayush Chauhan assisted them.
The complainant further disclosed that he had provided his documents to the
said Raja alias Ayush Chauhan for KYC verification of his bank
account. During the course of investigation, details of the complainant's bank
account bearing Account No. 60210618817 were obtained. Upon technical
analysis, it was revealed that the mobile number linked to the account,
namely, 9669211196, had allegedly been changed to 7772872671 on
21.06.2025. Thereafter, multiple 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. On
the basis of the aforesaid circumstances, it was prima facie suspected that
Raja alias Ayush Chauhan had fraudulently used the complainant's
documents to procure an ATM card, changed the registered mobile number
to 7772872671 and provided the said number to other suspected persons for
operating the account. On the basis of the aforesaid written complaint and
the material disclosed therein, Crime No. 1064/2025 was registered at Police
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
17:09:42

NEUTRAL CITATION NO. 2026:MPHC-JBP:85522
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Station Kotwali, Betul, for the aforementioned offences against the suspect

Raja alias Ayush Chauhan and other suspected persons alleged to be holders
or users of the ATM card and mobile-banking facilities associated with the
complainant's bank account. The allegations prima facie disclosed the
commission of cognizable offences, pursuant to which the matter was taken
up for investigation in accordance with law.
3. Counsel for the applicant submits that the investigation in the
present case has been completed and the charge-sheet has been filed before
the learned Trial Court. Therefore, the custodial interrogation of the
applicant is no longer required. The co-accused has been enlarged on bail by
the competent Court. The applicant submits that the said order is a relevant
circumstance for consideration while deciding the present application for
grant of bail. The applicant is innocent and has not committed the alleged
offence. He has been falsely implicated in the present case, and the
allegations levelled against him are denied in their entirety. The applicant is
innocent and has no direct or indirect connection with the alleged crime. It is
further submitted that the dispute concerning the alleged amount has already
been settled between the parties in favour of the complainant, which is a
relevant circumstance for consideration in accordance with law. The
applicant has no connection with the alleged transaction, and no specific role
or overt act has been attributed to him that would prima facie establish his
involvement in the commission of the alleged offences. It is, therefore,
submitted that the essential ingredients of the alleged offences are not prima
facie made out against the applicant. The trial is likely to take considerable
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
17:09:42

NEUTRAL CITATION NO. 2026:MPHC-JBP:85522
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time to conclude. There is no reasonable apprehension of the applicant

absconding or evading the process of law if released on bail. The applicant
undertakes to appear before the learned Trial Court as and when directed and
to comply with all such terms and conditions as may be imposed by this
Hon’ble Court. The order passed by the learned Trial Court rejecting the
applicant’s prayer for bail does not properly appreciate the facts and
circumstances of the case and the material available on record. It is,
therefore, submitted that the impugned order warrants interference by this
Hon’ble Court. In view of the aforesaid facts and circumstances, the
applicant most respectfully prays that this Hon’ble Court may graciously be
pleased to allow the present application and 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.
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 28-10-2026
17:09:42

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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