Awadhesh Gupta vs. The State Of Madhya Pradesh

Held

The Court dismissed the bail application. The Court found that the applicant was directly involved with the main accused, Yogesh Bajaj, and was receiving money through the accounts of his family members. It was also noted that the applicant was accepting cash and issuing GST bills in respect of certain transactions, which, coupled with the involvement of Hawala transactions, indicated a strong prima facie case against the applicant. The Court observed that the investigation was still pending and, at this stage, it did not deem it appropriate to enlarge the applicant on bail. The reasoning was based on the evidence gathered during the investigation, including bank transactions, the applicant's alleged receipt of money, and the issuance of GST bills in suspicious circumstances, pointing towards involvement in illegal activities beyond his stated lawful business.

Facts

This case concerns a bail application filed by Awadesh Gupta (the applicant) under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant sought regular bail in relation to 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-ka of the Public Gambling Act. The applicant has been in jail since February 21, 2026. The prosecution alleges the applicant was involved in cricket betting along with others, based on the arrest of Yogesh Bajaj and recovered WhatsApp chats and records. The applicant claims to be a bona fide grocery trader who issued GST invoices for lawful business transactions.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the allegations of involvement in cricket betting and Hawala transactions? Arguments for the applicant: The applicant contends he has been falsely implicated and that there is no direct or indirect evidence connecting him to the alleged offence. He asserts he is a legitimate grocery trader who conducts lawful business and issues GST invoices for his transactions. He argues that his involvement with Yogesh Bajaj was solely for the supply of grocery items in the ordinary course of business. Arguments for the State: The State opposes the bail application, arguing that the applicant is not entitled to be released. The State highlights that the main accused, Yogesh Bajaj, facilitated transactions of Rs. 2.24 crore through bank accounts opened in his employee's name and was connected to individuals involved in cricket betting. The State asserts the applicant was directly involved with Yogesh Bajaj, received money through family members' accounts, accepted cash, and issued GST bills for certain transactions, indicating involvement in Hawala transactions. The investigation is ongoing.