Himanshu Somwani vs. The State Of Madhya Pradesh

Held

The Court dismissed the bail application. It found that the applicant was not merely a passive participant but actively involved with Vijay Kumar Bhervani in substantial financial transactions. The Court noted that funds were transferred from Katni Comp to Pankaj Enterprises and Prasoon Aishwarya Enterprises, proprietorship concerns allegedly owned by the applicant's mother and sister, and managed by the applicant and Vijay Kumar Bhervani. The investigation revealed that Katni Comp was not authorized by the GST Department for manpower supply, yet payments were made from its account to outsourced employees of Katni Computer System, indicating fabricated bills and potential evasion of Income Tax and GST. Amounts relating to betting/gambling transactions were also found in Katni Comp's account and utilized collectively for various payments. The Court rejected the applicant's contention that he was merely an employee, citing the active role and the involvement of his family's concerns. The compromise between the complainant and the applicant was also rejected by the trial court. The Court granted the applicant liberty to revive his bail prayer after substantial progress is made in the investigation concerning Vijay Kumar Bhervani.

Facts

The applicant, Himanshu Somwani, is seeking bail in connection with a case registered for offences under the Bharatiya Nyaya Sanhita, 2023, and the Public Gambling Act. The prosecution alleges that the applicant obtained the complainant's Aadhaar Card, PAN Card, and photograph to open a firm named 'Katni Comp' in the complainant's name. This firm's bank account was allegedly used for online gaming and betting transactions without the complainant's knowledge. During the investigation, transactions totaling approximately Rs. 11,94,45,470/- were found in the account between February 2025 and April 2026. The applicant has been in custody since April 9, 2026. His first bail application was dismissed as withdrawn. The applicant claims he was merely an employee and not involved in the financial transactions, attributing them to Vijay Kumar Bhervani. The State opposes bail, citing the seriousness of the offences and the magnitude of the transactions.

Key Issues

1. Whether the applicant, Himanshu Somwani, is entitled to bail in connection with Crime No.316/2026 registered for offences under Sections 318(4) & 319(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 4(a) of the Public Gambling Act, considering his period of custody and the alleged involvement in financial transactions amounting to approximately Rs. 11,94,45,470/-. Petitioner's Arguments: - The applicant argues that a compromise has been reached between the parties and filed before the trial court. - He contends that he was merely an employee of Katni Computers and not involved in the financial transactions, which were managed by Vijay Kumar Bhervani. - The applicant claims he was made a scapegoat and that the funds originated from various sources and were transferred to other concerns associated with Vijay Kumar Bhervani and his family. - The charge-sheet has already been filed. Revenue/State's Arguments: - The State opposes bail due to the seriousness of the offences and the magnitude of the financial transactions. - It is submitted that the investigation concerning other co-accused is pending, and the applicant's custody may be required. - The State highlights that amounts exceeding Rs. 10 crores were transacted through various accounts, including those related to gambling. - The possibility of adding offences like forgery of valuable security cannot be ruled out.