Ankit Kumar Patel vs The State Of Madhya Pradesh
- Neutral2025:MPHC-GWL:31383
Ratio decidendi
The rule this decision rests on
Where a bail application concerns serious offences involving cyber-crime and financial fraud with prima facie evidence of the applicant's involvement in the money trail, including receipt of fraudulently obtained funds through intermediary accounts, bail may be refused at the stage of investigation or after charge sheet filing, notwithstanding the applicant's undertaking to cooperate with trial and absence of a named FIR, on the grounds of the serious nature of the offence, its increasing frequency, and its potential to disturb public confidence in online transactions.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1 MCRC-53882-2025 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJESH KUMAR GUPTA ON THE 3 rd OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 53882 of 2025 ANKIT KUMAR PATEL Versus THE STATE OF MADHYA PRADESH Appearance: Mr. Kamlesh Kumar Kori - Advocate for the applicant.
Mr. Rohit Mishra - Additional Advocate General for respondent/State.
ORDER
This is the third application filed by the applicants u/S. 483 of B.N.S.S. for grant of bail relating to Crime No.838/2024 registered at Police Station - Karera, District - Shivpuri (M.P.) for the offence under Section 318(4) and 308 (2) BNS. His earlier both the applications were dismissed as withdrawn.
2. As per the prosecution case, the complainant, Nancy Jain, filed a written complaint before the concerned Police Station to the effect that the
accused persons, including the present applicant, committed a cyber fraud against her and cheated her of Rs. 28,00,000/− through digital arrest.
3. The Counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is argued that the applicant has no direct or indirect connection with the crime alleged by the prosecution. It is further submitted that the applicant has been implicated only on the basis of
Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 12/4/2025 11:43:01 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:31383
2 MCRC-53882-2025 his memorandum recorded under Section 27 of the Evidence Act. It is further submitted that after the conclusion of the investigation, the charge sheet has already been filed; therefore, the custodial interrogation of the present applicant may not be necessary. Counsel for the applicant submits that no named FIR has been lodged. The applicant undertakes to cooperate with the trial and not to tamper with the evidence or influence any witness. The applicant does not bear any criminal or tainted background. The alleged case is based on documentary and digital evidence, therefore, custodial interrogation is not required. The conclusion of trial will take long time. Under these circumstances, the counsel for applicant prayed that applicant may kindly be granted bail.
4. The Public Prosecutor has vehemently opposed the prayer and
prayed for dismissal of this application, stating that sufficient material is available in the case diary to implicate the present applicant. As per the case diary, the complainant was cyber-frauded of ₹28,00,000 (twenty-eight lakh rupees). The money trail indicates that the amount was first transferred from the complainant's accounts (numbers 908510110002039, 081601574655, and 3127000108504924) to the accounts of Kavita Patel, Aarti Patel, and Kedarnath Patel. Subsequently, the amount was transferred from these intermediary accounts (Kavita Patel, Aarti Patel, and Kedarnath Patel) to the accused's account number 60493294772. Currently, cases of cyber fraud are increasing rapidly, causing significant financial losses to the general public. Prima facie, there appears to be evidence of the applicant/accused's involvement in the alleged crime. In such circumstances, the applicant
Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 12/4/2025 11:43:01 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:31383
3 MCRC-53882-2025 should not be granted bail by this Court.
5. Heard the learned counsel for the parties and perused the case diary.
6. In the case in hand, the applicant is involved in fraudulent activities of duping innocent persons under the guise of online investments, job offers, or offers of marriage through a marriage bureau, and thereafter, digitally harassing or blackmailing the complainant. It is further submitted that the allegations against the applicant are serious in nature, involving cyber-crime and financial fraud, which has a wide societal impact.
7. The allegations against the applicant reveal that he induced the complainant by sending expensive gifts and, on the basis of 'handling charges', defrauded her of her hard-earned money. The subsequent act of 'digital arrest' of the complainant through online means such as unauthorized access, threats, or coercion prima facie shows the intention of the applicant to commit fraud and to cause wrongful loss to the complainant. The nature of the offence is serious, involving cyber elements and public deception. Such offences are increasing in frequency and have the potential to disturb financial security and public confidence in online transactions.
8. Therefore, considering the overall facts and circumstances of the case, seriousness of offence, this Court is not inclined to grant bail to the applicant at this stage.
9. Accordingly, the application sans merits and is hereby dismissed.
(RAJESH KUMAR GUPTA ) JUDGE
Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 12/4/2025 11:43:01 AM NEUTRAL CITATION NO. 2025:MPHC-GWL:31383
4 MCRC-53882-2025 (LJ*)
Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 12/4/2025 11:43:01 AM
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