Madhya Pradesh High Court
Mahesh Fatechandi vs The State Of Madhya Pradesh on 28 March, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:8332
1 MCRC-12544-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 28th OF MARCH, 2025
MISC. CRIMINAL CASE No. 12544 of 2025
MAHESH FATECHANDI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Ashish Tiwari, learned counsel for the applicant.
Shri Surendra Kumar Gupta, learned Public Prosecutor for the
respondent/State.
ORDER
This first bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has been filed
by the applicant -Mahesh Fatechandni for grant of regular bail, who has been
arrested on 07/12/2024 in connection with Crime No.530/2024 registered at
Police Station – Nanakheda, Dist. Ujjain (M.P.) for commission of offences
under Sections 318(4), 319(2), 49 & 3(5) of Bharatiya Nyaya Sanhita, 2023
and Sections 66(C) and 66(D) of IT Act, 2008.
2. As per prosecution case, on 12.11.2024 at about 3 to 4 PM, from
mobile No.8878564878 a call by some unknown lady was made to the
complainant Pradeeptanand on his mobile phone 8794126404 stating that she
is calling from Sedex International Couriers, Branch Mumbai. A parcel
containing drugs which was booked from mobile number of the complainant
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 01-04-2025
18:17:24
NEUTRAL CITATION NO. 2025:MPHC-IND:8332
2 MCRC-12544-2025
from Mumbai to Taiwan has been received back, whereon CBI is making
enquiry. She has been directed to lodge an FIR against the complainant
before Police Station – Andheri, Mumbai. When the complainant pleaded his
ignorance in this regard, that lady told the complainant that she is connecting
call to Police Station – Andheri, Mumbai. On this call, complainant was told
that he has connection to drug supply chain and also a money laundering case
relating to a political party wherein he has been made a co-accused. It was
also told to the applicant that in money laundering case relating to HDFC
Bank, an enquiry also be held and he has been taken on surveillance. Despite
repeated refutations by the complainant in this regard, he was advised that up
to 13.11.2024 he should get verified his bank account and till completion of
verification, no NOC will be given and he was compelled to be under virtual
surveillance on advice of those persons on 12.11.2024 complainant
downloaded skype app on his mobile phone and on 13.11.2024 in the
morning at 10 a.m. the complainant reached to SBI Bank, Branch Nanakheda
and transferred Rs.12 lacs through RTGS and after that again he transferred
Rs.12 lacs. After that complainant got premature payment from his fixed
deposit of Rs.1,30,00,000/- and out of that he transferred Rs.59 lacs at behest
of those persons in the account of ABDS Motors maintained in Yes Bank.
Thus, total amount of Rs.71 lacs were got transferred in both of the bank
accounts. Due to continuous pressure from those persons, complainant fell
sick and was referred for treatment to higher center, Indore. His application
was enquired into and it was found that Rs.12 lacs have been transferred to
ICICI bank and Rs.59 lacs in Yes Bank situated in Telengana. KYC of the
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 01-04-2025
18:17:24
NEUTRAL CITATION NO. 2025:MPHC-IND:8332
3 MCRC-12544-2025
account holders was obtained and those accounts were put on debit hold. It
was found that Rs.59 lacs had been transferred in other accounts maintained
at Punjab National Bank, Kotak Mahindra Bank, Utkarsh Bank, A.U. Bank,
Canara Bank, Bank of Maharashtra, Bandhan Bank and State Bank of India.
On obtaining information that an account maintained at State Bank of India,
Branch Palsikar Colony, Indore, an amount has been transferred and during
investigation an account holder was found applicant Mahesh S/o Ramesh
Fatechandani, R/o. Indore. Applicant conspiring with co-accused Yash
Agrawal and Mayank Sen has withdrawn Rs.9,74,500/- on 2% commission
through this online fraud. Satvirsingh was also given commission of
Rs.18,000/-. During investigation it was also came to the knowledge that
accused Satvirsingh has also transferred money to co-accused Vishal Potle
and Chetan Sisodiya received through this online fraud. It was established
that bank account No.63021794013 of applicant Mahesh was used for
depositing Rs.9,79,400/- received through this online fraud and for
withdrawal of that amount, a cheque of Rs.9,50,000/- was given to co-
accused Yash.
3. Learned counsel for the applicant submits that the applicant is a
victim himself in this offence as in his account number 6302179403
maintained in the SBI, Branch Palsikar Colony, Indore, the alleged disputed
money has been deposited by the co-accused without his knowledge. He
further submits that he has not committed any offence. He was not aware of
this online fraud as is being committed with the victim Pradeeptanand. He is
suffering incarceration since 10.12.2024. Learned counsel for the applicant
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 01-04-2025
18:17:24
NEUTRAL CITATION NO. 2025:MPHC-IND:8332
4 MCRC-12544-2025
further submits that under similar circumstances, co-accused persons Satveer
in MCRC No.10946/2025, Yash in MCRC No.10933, Mayank in MCRC
No.8687/2025, Chetan in MCRC No.9727/2025 and Rupesh in MCRC
No.6879/2025 have been granted bail by this Court and on the ground of
parity, the present applicant is also entitled to the same benefit. Investigation
is complete and charge sheet has been filed. There is no likelihood of his
absconsion leaving his family, home and profession and also there is no
likelihood of tampering with evidence by applicant. Final conclusion of the
trial will take considerable long time, therefore, learned counsel prays for
allowing the bail application and for grant of bail.
4. Per contra, learned counsel for the respondent / State has
vehemently opposed the prayer on the ground that in this online fraud,
applicant is a chain as he has provided his account for depositing the money
duped from the applicant and Rs.9,79,400/- were deposited in his account by
the main accused Mitapali Ramesh and out of that amount, a cheque of
Rs.9,50,000/- was received in the name of Yash, who has withdrawn money.
The amount of Rs.19,100/- was retained in the account of the applicant.
Learned counsel for the State further submits that the applicant cannot claim
parity with the co-accused persons who have been granted bail as co-accused
were given some commission money, but their bank account was not used
for depositing the money duped from the victim. On these submissions,
learned counsel for the State prays for dismissal of the bail application.
5. Heard learned counsel for the parties and perused the case diary.
6. In the aforesaid factual backdrop, looking to the allegations and
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 01-04-2025
18:17:24
NEUTRAL CITATION NO. 2025:MPHC-IND:8332
5 MCRC-12544-2025
evidence in support thereof, this Court is not inclined to grant benefit of bail
to the applicant. Application is dismissed.
(BINOD KUMAR DWIVEDI)
JUDGE
soumya
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 01-04-2025
18:17:24
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