Vinod Banjara vs. The State Of Madhya Pradesh

Held

The Court granted bail to the applicant, Vinod Banjara. The Court noted that while the applicant allegedly enticed co-accused to provide bank account details and SIM cards for depositing money for illegal transactions, no such accounts were seized at his instance. The investigation is yet to directly connect the applicant with investors alleging fraud, and the chain of money trail needs to be established to prove his complicity. The Court found that further custodial interrogation of the applicant was not necessary. Considering the applicant's age (around 25 years), his profession as an agriculturist, and his family responsibilities, the Court found no possibility of him fleeing from justice. In the absence of criminal antecedents and considering his socio-economic status, the Court also found no likelihood of him tampering with evidence, influencing witnesses, or repeating the offence. As the trial is likely to take time, the Court found no compelling reason to continue his incarceration. The observations made were for the present bail application only. The applicant was directed to be released on bail upon furnishing a personal bond of Rs. 5,00,000/- with one solvent surety of the same amount, subject to several conditions, including presence on every date of hearing, not committing similar offences, not inducing or threatening witnesses, and not tampering with evidence.

Facts

This is a bail application filed by Vinod Banjara under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant seeks regular bail in connection with Crime No. 323/2024 registered at Police Station Cyber Cell, District Ujjain, for offences under Sections 318(4), 319(2), 61(2), 3(5), 336(3), 337 of BNS, 2023, and Sections 66C, 66D of the IT Act. The prosecution alleges that a bogus call center was operated, enticing the public for share trading through fraudulent means. The applicant was apprehended on March 18, 2025, after co-accused stated that they provided bank account details and SIM cards to the applicant and another person for depositing money for illegal transactions. The applicant has been in judicial custody since his arrest. The investigation is ongoing.

Key Issues

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the facts and circumstances of the case? Petitioner's Arguments: - The applicant claims to be falsely implicated and states there is no complainant alleging inducement, fraud, or cheating by him. - He argues that the only connecting evidence is his own statement made in police custody, and no incriminating material, other than his mobile phone, was seized at his instance. - The applicant is 25 years old, an agriculturist by profession, and has a family to support. - The investigation concerning the applicant is complete, and further custodial interrogation is not required. - The trial is expected to take time, warranting the grant of bail. Revenue/State's Arguments: - The State opposes the bail application on the ground of the gravity of the alleged offence. - However, the State fairly concedes that no criminal antecedents have been reported against the applicant.