Yogesh Kumar Bajaj vs. The State Of Madhya Pradesh

Held

The Court dismissed the bail application. The primary reason for dismissal was the ongoing investigation into inter-state gambling and Hawala transactions. The Court found it inappropriate to enlarge the applicant on bail at this stage, given the serious allegations and the fact that the applicant was arrested along with co-accused persons. The Court did not delve into the specifics of the alleged offences being bailable or the quantum of transactions but focused on the preliminary stage of investigation and the gravity of the alleged criminal activities. The Court's decision was based on the principle that bail is not a right when serious investigations are underway and the possibility of inter-state and financial crimes is indicated.

Facts

This is a bail application filed by Yogesh Kumar Bajaj under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. The applicant was arrested in connection with FIR/Crime No. 148/2026, registered at Police Station Madhavnagar, District Katni, for offences under Sections 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 4(a) of the Public Gambling Act. The applicant has been in jail since February 17, 2026. The complaint alleges that the applicant used the complainant's Aadhaar and PAN cards to open bank accounts, took the passbook and ATM card, and provided Rs. 10,000/-. The complainant discovered transactions in these accounts and filed a complaint. The applicant claims involvement in satta transactions, which he asserts is a bailable offence, and that GST bills support his business transactions. The State contends that the applicant opened accounts in an employee's name, facilitating transactions worth Rs. 2.24 crore, and obtained a master ID for online betting, involving Hawala transactions.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the alleged offences and the stage of investigation? Petitioner's arguments: The applicant's counsel argued that the alleged offences, particularly involvement in satta transactions, are bailable. They further submitted that Rs. 5.52 lakhs have been recovered, co-accused have been arrested, and the applicant, as a permanent resident and owner of a saree shop with GST-supported transactions, is entitled to bail. The offence is triable by a Judicial Magistrate First Class. Revenue/State's arguments: The State opposed the bail application, highlighting that the applicant facilitated transactions amounting to Rs. 2.24 crore through accounts opened in an employee's name. They alleged the applicant obtained a master ID for online betting and transferred huge sums, involving Hawala transactions, thus arguing against the grant of bail.