Asitabh Choudhary 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
th
ON THE 13 OF JULY, 2026
MISC. CRIMINAL CASE No. 26685 of 2026
ASITABH CHOUDHARY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Suyash Mohan Guru - counsel for the applicant
Shri Rajendra Yadav, counsel for the objector
Shri Amit Pandey - Government Advocate for State
ORDER
This is first bail application filed by the applicant under Section
482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity
'BNSS') for grant of anticipatory bail relating to Crime No.33/2026
registered at Police Station Crime Branch, District Bhopal for the
offences punishable under Sections 318(4) of BNS.
2. As per the prosecution case, the complainant lodged a
complaint before the Police Station Cyber Crime Branch, Bhopal,
alleging that during the first week of January, 2026, he came into contact
with a woman identifying herself as "Ananya Sharma" through
Facebook. She represented that she is residing at 76 Prince Albert Road,
London, and, during the course of their conversations, also introduced
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 15-07-2026
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the complainant to persons whom she claimed were her parents. During

these interactions, they informed the complainant that they were engaged
in cryptocurrency investments involving substantial amounts of money,
which allegedly yielded returns exceeding double the invested amount
within a short period. It is further alleged that, being influenced by the
repeated representations made by Ananya Sharma and her purported
parents, the complainant developed an interest in investing in
cryptocurrency. They assured him that the investment is completely safe
and secure. Acting upon such representations, the complainant
transferred a sum of Rs.7,20,000/- from his Union Bank of India account
between 16.01.2026 and 23.01.2026 into the bank accounts provided by
them. Thereafter, the complainant was allegedly informed that, in order
to complete the cryptocurrency trade, he was required to deposit an
advance service charge equivalent to 25% of the profits, which also
included the platform commission. Relying upon such assurances, the
complainant allegedly transferred a further sum of Rs.84,80,735/- to
various bank accounts, as instructed from time to time through a
WhatsApp group administered by a person referred to as "Harsha Sir".
The complainant further alleged that he was shown details on the online
platform indicating that an amount of 3,87,119 U.S. Dollars had been
credited to his cryptocurrency account and the said amount could be
withdrawn after fifteen days, whereupon it would be converted into
Indian currency and credited directly to his bank account. It is the further
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KUSHWAHA
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case of the prosecution that, despite repeatedly demanding release of the

alleged investment amount through WhatsApp messages addressed to
"Harsha Sir", the complainant was met with one pretext or another.
Ultimately, he was allegedly asked to deposit an additional sum of Rs
25,00,000/- as a penalty before the amount could be transferred to his
account. Suspecting that he had been cheated, the complainant lodged
the present complaint before the Cyber Crime Authorities, Bhopal,
which culminated in the registration of the present crime.
3. Counsel for the applicant is innocent and has been falsely
implicated in the present matter. There is no specific or direct allegation
in the FIR or the case diary to establish that the applicant ever induced,
persuaded, or communicated with the complainant for the purpose of
investing money in the alleged cryptocurrency scheme. The entire
allegation of inducement is attributed to unknown persons, namely
“Ananya Sharma”, “Neeraj Sharma”, and “Harsha Sir”, who are alleged
to have contacted the complainant through Facebook and WhatsApp.
The implication of the present applicant is based solely on the allegation
that one of the bank accounts allegedly utilized in the transaction was
opened during the period when the applicant was serving with AU Small
Finance Bank. However, there is no material whatsoever to establish that
the applicant had any knowledge of the alleged fraudulent activities or
he knowingly, intentionally, or deliberately facilitated the commission of
the alleged offence. No amount alleged to have been cheated from the
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complainant has ever been credited into the personal account of the

applicant, nor has the applicant derived any wrongful gain or benefit
from the alleged transactions. Therefore, the essential ingredients of
dishonest intention, wrongful gain, and unlawful enrichment, which are
necessary to constitute the alleged offence, are completely absent against
the applicant. The entire case of the prosecution is based upon
documentary evidence, banking records, KYC documents, electronic
transactions, and digital communications, all of which are already
available with the Investigating Agency. In such circumstances,
custodial interrogation of the applicant is neither necessary nor justified
for the purpose of investigation. The applicant has a fixed place of
residence, family responsibilities, and a stable professional and social
background. Therefore, there is no likelihood of the applicant
absconding or evading the process of law. He submits that no criminal
case has ever been registered against the applicant, and his conduct
throughout his professional career has remained unblemished. The
allegations levelled against the applicant, even if accepted at their face
value, at the highest indicate alleged procedural lapses in relation to the
opening of a bank account and do not prima facie disclose any active
participation by the applicant in any organized cyber fraud or criminal
conspiracy. The prosecution has failed to place on record any material
whatsoever to establish any prior meeting of minds, conspiracy,
intentional assistance, or active connivance between the applicant and
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the principal accused persons allegedly involved in inducing the

complainant to invest money in the alleged cryptocurrency scheme. The
applicant has throughout cooperated with the investigation and
undertakes to continue extending full cooperation to the Investigating
Agency as and when required. The applicant further undertakes that he
shall not tamper with any evidence or attempt to influence any witness
connected with the present case. The offence alleged against the
applicant is punishable with imprisonment up to seven years and is
triable by the competent Magistrate. Therefore, custodial arrest of the
applicant at the stage of investigation would be wholly unwarranted,
unnecessary, and disproportionate to the allegations levelled against him.
The arrest and incarceration of the applicant would cause serious
prejudice to his professional career, reputation, and livelihood, and
would amount to inflicting punishment prior to trial, particularly when
there is no cogent material demonstrating deliberate or intentional
criminal involvement on the part of the applicant. It is a settled principle
of law that anticipatory bail is intended to protect the personal liberty of
an individual in cases where arrest is not necessary for effective
investigation. In the facts and circumstances of the present case, the
applicant deserves protection under the provisions of Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
4. Per contra, counsel for State as well as objector submitted that
present application for anticipatory bail deserves to be dismissed as the
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applicant is involved in a serious and well-planned cyber fraud. The

applicant's role in facilitating the opening and operation of the said
account is under investigation and cannot be brushed aside at this
preliminary stage. Economic offences involving cyber fraud have far-
reaching consequences on society and the financial system. Such
offences are committed with premeditation and require thorough
investigation. Hence, the applicant does not deserve the extraordinary
discretionary relief of anticipatory bail. Merely because the cheated
amount has not been credited into the personal account of the applicant
does not exonerate him from criminal liability if the investigation
discloses that he knowingly facilitated or assisted the commission of the
offence. The precise extent of the applicant's involvement is a matter of
investigation. The investigation is based not only on documentary
evidence but also on electronic evidence, digital devices, communication
records, banking transactions, and technical data, the recovery and
verification of which necessitate effective custodial interrogation. In the
event of grant of anticipatory bail, there exists a reasonable apprehension
that the applicant may influence witnesses, tamper with documentary or
electronic evidence, or impede the ongoing investigation, particularly
considering his familiarity with banking procedures and records. The
plea of innocence raised by the applicant cannot be adjudicated at the
stage of consideration of anticipatory bail. The material collected during
investigation prima facie discloses his involvement, and the same
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requires a complete and unhindered investigation. He most respectfully

prayed that the present application for anticipatory bail be dismissed in
the interest of justice and for ensuring a fair and effective investigation.
5. I have heard counsel for parties and perused the case diary.
6. Having considered the rival submissions and on perusal of the
case diary, this Court is of the view that the allegations pertain to a
serious economic offence committed through a planned cyber fraud.
Economic offences stand on a different footing, having deep-rooted
conspiracies and causing substantial financial loss to victims. The
investigation is still in progress and the precise role of the applicant is
yet to be fully ascertained. At this stage, this Court is not inclined to
undertake a detailed appreciation of the evidence.
7. Considering the gravity of the allegations, the nature of the
offence, the stage of investigation, and the requirement of custodial
interrogation for a fair and effective investigation, this Court does not
find it to be a fit case for extending the extraordinary discretionary relief
of anticipatory bail.
8. Accordingly, the application filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 is hereby dismissed.
(AJAY KUMAR NIRANKARI)
JUDGE
S /-
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 15-07-2026
17:45:06