[Cites 12, Cited by 0]
Madhya Pradesh High Court
Asad Ahmed Khan vs The State Of Madhya Pradesh on 10 February, 2026
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2026:MPHC-IND:4240
1 MCRC-44807-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 10th OF FEBRUARY, 2026
MISC. CRIMINAL CASE No. 44807 of 2025
ASAD AHMED KHAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Khuzema Kapadia - Advocate for the applicant.
Shri Tarun Pagare - G.A. for the State.
Shri Daniel Robert - Advocate for the respondent [COMP].
ORDER
1. They are heard. Perused the case diary / challan papers.
2. This is the second application filed by the applicant under Section
483 of BNSS, 2023 / 439 of Criminal Procedure Code, 1973, as he / she is
implicated in connection with Crime No.99/2024 registered at Police Station
Crime Branch, District Indore (MP) for offence punishable under Sections
308(2), 318(4), 319(2), 336(3), 338, 340(2), 238, 61(2), 3(5) of BNSS, 2023.
The applicant is in custody since 05/12/2024. His earlier application has
already been dismissed by this Court on 13/08/2025.
3. Allegation against the applicant is of commission of digital arrest
and cyber fraud, wherein the complainant has been duped of Rs.46 lakhs by
digitally arresting the complainant.
4. Counsel for the applicant has submitted that although the applicant
NEUTRAL CITATION NO. 2026:MPHC-IND:4240
2 MCRC-44807-2025
himself had lodged the FIR against the other accused persons for misusing
his account, however, the applicant is ready to deposit Rs.30 lakhs before the
trial Court. It is further submitted that the applicant is lodged in jail since
05/12/2024 and final conclusion of the trial is likely to take sufficient long
time. Hence, it is submitted that the bail application be allowed and the
applicant be released on bail.
5. Counsel for the respondent / State as also the objector, on the other
hand have opposed the prayer and it is submitted that other cases have also
been registered against him of similar nature, hence, no case for grant of bail
is made out.
6. Having considered the rival submissions and on perusal of the case
diary as also the documents filed on record, and taking note of the fact that
the applicant is also ready to deposit Rs. 30 lakhs out of Rs.46 lakhs, and he
is lodged in jail since 05/12/2024, without reflecting anything on the merits
of the case, the application filed on behalf of the applicant is hereby allowed
subject to deposit total sum of Rs.30,00,000/- (Rupees Thirty Lakhs) by the
applicant or any other person on his behalf, out of which, Rs.10,00,000/-
(Rupees Ten Lakh) before his release i.e. at the time of furnishing the bail
bond in a fixed deposit in a nationalized bank and producing the
receipt/certificate of the same before the concerned trial Court, and rest of
Rs.20,00,000/-(Rupees Twenty Lakhs) to be deposited by the applicant in
five equal installments of Rs.4 lakh each within a period of five months from
the date of his release in a fix deposit in a nationalized bank and producing
the receipt/certificate of the same before the concerned trial Court and the
NEUTRAL CITATION NO. 2026:MPHC-IND:4240
3 MCRC-44807-2025
said amount shall be subject to the final outcome of the case by the trial
Court. The deposit receipt/certificate so produced by the applicant shall be
endorsed by the learned Judge of the lower Court to be, 'furnished towards
the bail of the applicants and shall be subject to the final decision of the case
by the trial Court'.
7. Accordingly, without reflecting anything on the merits of the case,
the application filed under Section 483 of BNSS/439 of Cr.P.C. on behalf of
the applicant is hereby allowed as aforesaid.
8. It is further directed that the applicant shall be released on bail on
his furnishing a bond in the sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) with one solvent surety in the like amount to the satisfaction
of the trial Court, to appear before the trial Court on the dates given by the
Court. This bail order shall be subject to furnishing an undertaking that the
applicant will deposit the amount respectively as directed above. It is also
directed that the applicants will abide by all the conditions enumerated under
Section 437(3) of the Cr.P.C.
9. M.Cr.C. stands allowed.
(SUBODH ABHYANKAR)
JUDGE
krjoshi
