Saurabh @ Lusy vs The State Of Madhya Pradesh
- Neutral2026:MPHC-IND:772
Ratio decidendi
The rule this decision rests on
Where an accused person's role in an alleged crime is instrumental in nature—such as procuring SIM cards for use in a cyber fraud scheme—the court may refuse bail notwithstanding that co-accused persons have been granted bail, and may do so based on the seriousness of the offence and the magnitude of loss caused, without requiring direct evidence beyond disclosure statements connecting the accused to the crime.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1 MCRC-58336-2025 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 8 th OF JANUARY, 2026 MISC. CRIMINAL CASE No. 58336 of 2025 SAURABH @ LUSY Versus THE STATE OF MADHYA PRADESH Appearance: Shri Bablu Patel - Advocate for the applicant. Shri Hemant Sharma -GA appearing on behalf of Advocate General[r- 1].
ORDER
1] They are heard. Perused the case diary.
2] This is the first bail application filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 / 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.128/2024 registered at Police Station Crime Branch, District Indore (MP) for offence punishable under Sections 308(2), 318(4), 316(5), 111(4) and 3(5) of BNS, 2023 and section 66-D of the I.T. Act. Applicant is in judicial custody since 27.11.2025.
3] Allegation against the applicant is that he was involved in the present case of cyber fraud by way of digital arrest of the complainant on the threat of her involvement in money laundering case. It is alleged that a sum of Rs.1,60,00,000/- was embezzled.
4] Counsel for the applicant has submitted that apart from the disclosure memo of the other co-accused persons, there is nothing on record to connect the present applicant with the aforesaid offence as it is alleged that the applicant had sold 350 SIMs cards to co-accused Ram Prasad Gupta; however, there is nothing on record to substantiate the aforesaid allegation.
Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 1/12/2026 2:20:44 PM NEUTRAL CITATION NO. 2026:MPHC-IND:772
2 MCRC-58336-2025 5] Counsel for the applicant has further submitted that almost all the other co-accused persons have already been granted bail by the coordinate Bench of this Court. It is further submitted that the applicant is lodged in jail since 27.11.2025 and the conclusion of trial will take sufficiently long time. Thus, it is prayed that the application be allowed.
6] Counsel for the respondent/State on the other hand has opposed the prayer, and it is submitted that, looking to the seriousness of the offence and huge amount involved which has been embezzled from an old lady, no case for grant of bail is made out.
7] Having considered the rival submissions and on perusal of the case diary, considering the role involved of the applicant was instrumental in procuring the Sims cards, this Court does not find it to be a fit case for grant of bail. However with liberty to the applicant to renew his prayer after the material witnesses are examined in the trial Court.
8] Accordingly, the MCRC stands dismissed.
(SUBODH ABHYANKAR) JUDGE
das
Signature Not Verified Signed by: REENA PARTHO SARKAR Signing time: 1/12/2026 2:20:44 PM
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free