01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 318, 3(5), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 66C and 66D of the Information Technology Act.
¶ 2 · pp. 1–2The prosecution alleged that transactions of approximately ₹2 crore were conducted through a Jan Dhan account opened in the applicant’s name. The account’s linked mobile number was changed, after which transactions allegedly took place through ATM withdrawals, mobile banking and UPI.
¶ 2 · pp. 1–2The applicant said he lacked knowledge of the transactions and had not received or used the ATM card; the investigation material also referred to the use of his documents by others.
¶ 2 · pp. 1–2His earlier bail application had been dismissed on merits on 1 June 2026.
¶ 1 · p. 1In support of the present application, he relied on the completion of the investigation, the nature of the evidence, his custody, lack of recovery or antecedents, and his medical condition.
¶ 3 · pp. 2–4The State opposed bail and argued that no sufficient change in circumstances justified reconsideration.
¶ 4 · p. 402Issues
i.Whether the applicant had shown a sufficient change in circumstances after dismissal of his earlier bail application to warrant reconsideration of his request for regular bail
¶ 1, 3–5 · pp. 1–5ii.Whether, in light of the allegations and material on record, the applicant should be released on regular bail under Section 483 of the BNSS
¶ 1, 5 · pp. 1, 4–503Law Applied
The application was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for the High Court’s and Court of Session’s powers concerning bail.
¶ 1 · p. 1The Court applied the principle that a successive bail application requires sufficient grounds for reconsideration, including a substantial change in circumstances after the earlier rejection.
¶ 5 · p. 5It also considered the nature and gravity of the allegations and the material available on record.
¶ 5 · p. 5Provisions in the judgment · 6 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 318Section 3Section 338Section 336Section 340
04Reasoning
The Court considered the applicant’s asserted subsequent circumstances, including completion of the investigation, his period of custody, the documentary and electronic nature of the evidence, alleged absence of recovery, and medical condition.
¶ 3–5 · pp. 2–5It also considered the State’s opposition and the allegations concerning transactions of approximately ₹2 crore, the changed registered mobile number and ensuing transactions.
¶ 3–5 · pp. 2–5The Court concluded that these matters did not establish sufficient grounds or a substantial change in circumstances since the earlier rejection, and that the nature and gravity of the allegations and material on record did not justify exercising its discretion in the applicant’s favour.
¶ 3–5 · pp. 2–505Holding
The Court answered the issues against the applicant, finding no sufficient ground or substantial change in circumstances to grant regular bail.
¶ 5 · p. 5It dismissed the second bail application.
¶ 5 · p. 5Original Court PDF
Mohamad Mustafa MansurivsThe State Of Madhya Pradesh
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