Madhya Pradesh High Court
Subhash Kumar Yadav vs The State Of Madhya Pradesh on 23 September, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 23rd OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 27606 of 2022
BETWEEN:-
SUBHASH KUMAR YADAV S/O SHRI GANGA
YADAV, AGED ABOUT 37 YEARS, OCCUPATION:
PRIVATE JOB WARD NO. 5 GURAM AKONA
POLICE STATION SIMRI DISTRICT BAXAR
(BIHAR) (BIHAR)
.....APPLICANT
(BY SHRI PARVEZ AHMAD QUAZI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CYBER CRIME BRANCH
DISTRICT BHOPAL M.P. (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI MANAS VERMA - GOVERNMENT ADVOCATE)
MISC. CRIMINAL CASE No. 37296 of 2022
BETWEEN:-
AMRIT KUMAR DAS S/O SHRI SADANANDH
RAVIDAS, AGED ABOUT 28 YEARS, VILLAGE
BAINAGODIYA NEAR BAJRANG BALI TEMPLE
P.S. NIRSA, DISTRICT- DHANBAD,
(JHARKHAND) (JHARKHAND)
.....APPLICANT
(BY SHRI NAMAN MISHRA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CYBER POLICE DISTRICT-
BHOPAL, M.P. (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI MANAS VERMA - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: SUNIL KUMAR
PATEL
Signing time: 9/28/2022
6:27:19 PM
2
MISC. CRIMINAL CASE No. 43019 of 2022
BETWEEN:-
MANTU RAVIDAS @ SHAMBHU S/O SHRI
RUPDHAR RAVIDAS, AGED ABOUT 20 YEARS,
VILLAGE BAINAGODIYA NEAR GANDHI
CENTRAL SCHOOL P.S. NIRSA DISTRICT
DHANBAD JHARKHAND (JHARKHAND)
.....APPLICANT
(BY SHRI NAMAN MISHRA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION CYBER POLICE BHOPAL
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI MANAS VERMA - GOVERNMENT ADVOCATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
Applicants namely Subhash Kumar Yadav, Amrit Kumar Das and Mantu Ravidas had filed applications under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.04/2022 registered at Police Station - Cyber Crime Branch, Bhopal (M.P.) for offences punishable under Sections 420, 120-B and 204 of IPC and Section 66-C and 66-D of Information Technology Act.
Learned counsel appearing for applicant Subhash Kumar Yadav submitted that applicant is made accused on basis of memorandum of co- accused persons. He is permanent resident of Baxar (Bihar). He is innocent and falsely been implicated in the case. Applicant is in jail since 01.03.2022.
Learned counsel appearing for applicant Amrit Kumar Das and Mantu Ravidas @ Shambhu submitted that there are five accused persons in the case namely 1. Subhash Kumar Yadav, 2. Maloo Kumar Das, 3. Mantu Ravidas @ Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/28/2022 6:27:19 PM 3 Shambhu, 4. Avinash Mishra and 5. Amrit Kumar Das. One Lata Arya has lodged complaint. Applicants and co-accused persons are said to have defrauded complainant an amount to Rs.37,52,440/-. There is nothing on record to make out the offence against the applicant. Applicants are in jail since 27.02.2022 for a long period. There is no evidence against the applicants.
Counsel appearing for applicant Amrit Kumar Das submitted that no offence is made out against the applicant and applicant had not committed any offence lodged against him. Applicant is in jail for long time. Offence under Section 420 of IPC is punishable with seven years rigorous imprisonment and offence under Sections 66-C and 66-D is punishable with three years rigorous imprisonment. Investigation is complete. Challan has already been filed. Considering the same, applicants be released on bail.
Government Advocate appearing for State opposed the applications for grant of bail. It is submitted that applicants are running an organized racket of cyber crime. They are residents of Bihar and Jharkhand. Once applicants are released on bail, it will be very difficult for police to arrest them again. There is likelihood that applicants will abscond from law. In these circumstances, applicants may not be enlarged on bail.
Heard the counsel for the parties.
According to the prosecution story, complainant is one Lata Arya wife of Late Shri Ramesh Prasad Arya aged about 48 years had filed a complaint and surrendered her mobile with No.9425300497 for investigation. Complainant submitted that she does not have net banking or UNO facility on her mobile phone. Son of complainant activated UPI, Paytm and ATM of complainant since then complainant is making payment of small expenditure by Paytm. She received a message on her mobile for KYC update. In message she was asked Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/28/2022 6:27:19 PM 4 to communicate at customer care mobile No.9827012708. Complainant called on said mobile number. Receiver of phone introduced himself to be speaking from Customer Care Center of State Bank of India. Later on, complainant received another call from mobile No.9339807117. Caller introduced himself as Manik Nandan of State Bank of India from KYC Branch. He told complainant her Aadhar Card, ATM and Debit Card numbers. Hearing said numbers, complainant believed that he is speaking from KYC of State Bank of India. Later on, on 21.01.2022 Manik Nandan again called her to update her KYC online. Manik Nandan was informed ATM Card and ATM Pin number. After some time, account of complainant was closed. Complainant called Manik Nandan and he informed the complainant that her account will become operative after some time. Between 22.01.2022 to 25.01.2022, account of complainant became operative and closed time and again. On 25.01.2022, she checked the balance in her account and found that only Rs.6,22,656/- was left in it. Later on, amount was reduced Rs.97,000/-. She went to the bank and learnt that through net banking and UNO App cash amount has been transferred from her account. Money has been transferred in account of ICICI Bank bearing account No.029001523125. Avinash Kumar Mishra was account holder and amount of Rs.4,74,990/- was transferred to account of Avinash Kumar Mishra. Another account bearing number 62080200002500 of Bank of Baroda was of Avinash Kumar Mishra. In said account, Rs.4,00,000/- was transferred and another bank accounts of Punjab National Bank, Bank of Baroda, Kotak Mahindra Bank money was transferred. Another suspicious account number of ICICI Bank bearing No.389501000685 was of one Ramnarayan Singh. In said account also Rs.11,49,970/- was transferred. Another bank account bearing Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/28/2022 6:27:19 PM 5 No.33557044100 was of one Pushpa Kishore of Maharashtra. Another account bearing No.3800383231 account holder Aseem Das and similarly in various accounts money was transferred. Avinash Kumar Mishra was examined and he informed that Subhash Kumar Yadav is known to him and is resident of Dhanbad. He told him that he wants to get some money of NGO transferred but said money cannot be transferred in his account. Later on, Subhash Kumar Yadav also introduced him Maloo Kumar and from that link police discovered that accused Avinash Mishra, Subhash Kumar Yadav, Maloo Kumar Das were in communication with each other and other co-accused persons have withdrawn the money. Police has given its report that Maloo Kumar Das and Mantu Ravidas was arrested and later on they fled away from GRP Katni. Due to fleeing from custody of GRP, offence under Section 224 is registered at GRP Katni against Maloo Kumar Das and Mantu Ravidash at Crime No.91/2022. Avinash Mishra has also been given a notice but he is also not appearing before the police. Other accused persons are not residing on the addresses given by them. In these circumstances, if applicants are released on bail, it will be difficult to arrest them and they will abscond from law.
Considering the aforesaid facts and circumstances of the case, bail applications filed by applicants are dismissed.
(VISHAL DHAGAT) JUDGE sp/-
Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 9/28/2022 6:27:19 PM