Ali Ahmed Khan vs The State Of Madhya Pradesh

1 MCRC-1309-2025 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 15 th OF APRIL, 2025 MISC. CRIMINAL CASE No. 1309 of 2025 ALI AHMED KHAN Versus THE STATE OF MADHYA PRADESH Appearance: Dr. Khuzema Kapadia, Advocate for the applicant. Shri Vinod Thakur, Govt. Advocate for the respondent/State.

ORDER

This first application has been filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with FIR at Crime No.99/2024 registered at Police Station - Crime Branch , District - Indore, (M.P.) for offence punishable under Sections 308(2), 319(2), 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of BNS, 2023. Applicant is in judicial custody since 07.12.2024.

As per the case of prosecution, Chaya Kavadia R/o Bhaktawar Ram Nagar, Indore was subjected to digital arrest under threat of money laundering. She was defrauded and threatened to deposit Rs.46.00 Lakhs in the account details provided by

the offenders. Accordingly, Chaya Kavadia transferred total amount of Rs.46.00

Lakhs in Account No.110405003002 of ICICI Bank. During investigation, it was

revealed that the aforesaid bank account of ICICI Bank is registered in name of Falah

Darain Sabiri Madarsa Samiti, Kanauj(Uttar Pradesh). The KYC documents with

regard to opening of account revealed that Ashad Ali Khan and Ali Ahmed

Khan(applicant) had opened the account. Applicant Ali Ahmed Khan was apprehended

Signature Not Verified Signed by: PREETHA NAIR Signing time: 15-04-2025 19:34:39 NEUTRAL CITATION NO. 2025:MPHC-IND:9849

2 MCRC-1309-2025

on 07.12.2024. He is in custody ever since. One ICICI Bank cheque book, ATM Card,

PAN Card, Adhar Card and seal of the Falah Darain Sabiri Madarsa Samiti, Kanauj

(Uttar Pradesh) were recovered at his instance. Co-accused Ashad Ali Khan was also

apprehended. He revealed the money trail and the communication with other co-

accused, who committed the offence of extortion from Chaya Kavadia. On completion

of investigation, final report was submitted.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in this matter. He was not aware of the larger conspiracy of digital arrest and extortion from Chaya Kavadia. His son co-accused Ashad Ali Khan offered him donation to run the Madarsa. Accordingly, he consented for opening of bank account at ICICI

Bank in name of the Madarsa Samiti as he was Vice President of the Samiti. The account was operated by his son and co-accused Ashad Ali Khan. The transactions of money in the account were conducted by Ashad. The account opening form bears e-mail Id of Ashad and his mobile SIM also. No amount was withdrawn or transferred by the applicant. He is not beneficiary of the transaction of digital arrest and extortion. Further custodial interrogation of the applicant is not needed in the matter as final report has already been filed. The trial would take time to conclude. Therefore, the applicant may be extended the benefit of bail.

Per contra, learned counsel for the respondent/State opposes the bail application on the ground of gravity of alleged offence. Learned counsel contends that the money trail exposed participation of applicant in the alleged offence. The applicant consented to opening of bank account in name of Madarsa Samiti. His family members are the Manager, President and Vice President of the said Madarsa Samiti. Learned counsel further cites criminal antecedent of two cases

Signature Not Verified Signed by: PREETHA NAIR Signing time: 15-04-2025 19:34:39 NEUTRAL CITATION NO. 2025:MPHC-IND:9849

3 MCRC-1309-2025 against the applicant as per the list enclosed on the case diary.

In reply, learned counsel for applicant submits that the other matter relates to money transaction in same account by other complainant. Applicant has never been convicted or prosecuted for any other offence.

Heard the arguments, perused the grounds for grant of bail stated in the application and the case diary.

Allegedly, the applicant consented to opening of bank account in the name of Madarsa Samiti, wherein the proceeds of crime i.e. digital arrest and extortion were deposited and transferred by co-accused Ashad Ali Khan. There is no allegation that the applicant has withdrawn or transferred the amount deposited in the account. The veracity of the prosecution will be determined after evidence in trial. As informed, the applicant is aged around 70 years. He runs a Madarsa in Kanauj(U.P.) and has a family to look after. Considering these aspects, there appears to be no possibility of fleeing from justice. In absence of substantial criminal past and previous conviction for any major offence, considering the socio-economic status of the applicant, there appears to be no likelihood of tampering with evidence or influencing the witnesses by the applicant or repeating the offence. The trial would take time to conclude. There appears to be no compelling reason to continue incarceration of the applicant. However, the observations, herein-above, are recorded for present application only.

Considering the rival contentions and overall circumstances of the case, in the light of aforesaid facts, but without commenting on the merits, this Court is

inclined to release the applicant on bail. Thus, present application is allowed.

Signature Not Verified Signed by: PREETHA NAIR Signing time: 15-04-2025 19:34:39 NEUTRAL CITATION NO. 2025:MPHC-IND:9849

4 MCRC-1309-2025 Accordingly, it is directed that applicant-Ali Ahmad Khan s hall be released on bail in connection with Crime No.99/2024 registered at Police Station - Crime Branch, District - Indore, (M.P.) for offence punishable under Sections 308(2), 319(2), 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of BNS, 2023, upon furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lakhs Only) with one solvent surety of Rs.5,00,000/- to the satisfaction of the Trial Court, for compliance with the following conditions. (For convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):-

(1) Applicant shall remain present on every date of hearing as may be directed by the concerned court;

(1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA

(2) Applicant shall not commit or get involved in any offence of similar nature;

(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA

(3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer;

(3) vkosnd izdzj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA

(4) Applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA

(5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;

(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la-

ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA

Signature Not Verified Signed by: PREETHA NAIR Signing time: 15-04-2025 19:34:39 NEUTRAL CITATION NO. 2025:MPHC-IND:9849

5 MCRC-1309-2025 This order shall be effective till the end of trial. However, in case of breach of any of the preconditions of bail, the Trial Court may consider, on merit, cancellation of bail without any impediment of this order.

The concerned Court shall get the conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned. If any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety.

C.C. as per rules.

(SANJEEV S KALGAONKAR) JUDGE

pn

Signature Not Verified Signed by: PREETHA NAIR Signing time: 15-04-2025 19:34:39