Bombay High Court
Mohammad Masroor Mohd. Israel vs The State Of Maharashtra on 1 August, 2024
2024:BHC-AUG:16579
1 939-BA-1194-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 1194 OF 2024
MOHAMMAD MASROOR MOHAMMAD ISRAEL
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. Satej S. Jadhav
APP for Respondent : Ms. D. S. Jape
...
CORAM : S. G. MEHARE, J.
DATE : 01-08-2024
PER COURT :-
1. Heard the learned counsel for the applicant and the learned
A.P.P. for the respondent.
2. The applicant seeks bail in C.R.No.13 of 2024 registered with
Cyber Police Station, Jalgaon, for the offences punishable under
Section 420 read with Section 34 of the Indian Penal Code and
Section 66(D) of the Information Technology Act.
3. The prosecution has a case that the applicant cheated the
many persons in cryptocurrency business. He did not pay money
for transaction with him. The complainant is one of the persons
who has also been cheated.
4. Learned counsel for the applicant submits that the
complainant had invested money in cryptocurrency business. He
transferred money to the account of the person named by the
2 939-BA-1194-24.odt
complainant. From time to time, he made requests to police to
allow him to open his mobile phone to satisfy that at the instance
of complainant he had transferred money in the account of the
another person. However, the police did not allow him. The
applicant did not cheat the complainant. The investigation has
been completed. The chargesheet is filed. Merely, the applicant is
from the other State, bail cannot be refused to him.
5. Learned A.P.P. has strongly opposed the application. He
submits that the applicant is involved in a illegal business and
cheated the people by around Rs.2 Crore. The applicant hails from
the State of Uttar Pradesh. There are great chances of his
absconding. Hence, he may not be granted bail.
6. Perused the papers and considered the arguments advanced
by the respective parties.
7. It seems to be a matter of e-transaction arising out of
cryptocurrency business. Many investors were interested to
speculate with cryptocurrency business which was at high peek at
the relevant time with high risk. Considering the case of the
applicant, the police ought to have allowed him to operate mobile
handset seized in the crime to satisfy him that the money has
been transferred in the name of the person told by complainant
against the alleged transactions. Merely the person hails from
another State is no ground to refuse bail. The e-transactions,
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electronic evidence and other necessary evidence has been
collected. The maximum punishment for the offence punishable
under Section 420 of the Indian Penal Code is 7 years. Nothing is
to be recovered from him. However, the apprehension of the
prosecution of absconding the applicant may be guarded by
certain stringent conditions. Hence, the order :-
ORDER
i) The application is allowed.
ii) Applicant - Mohammad Masroor Mohammad Israel be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that,
(a) He shall submit his passport, if any, with the concerned Police Station.
(b) He shall furnish his residential proof and cell phone numbers with the Court with an undertaking that he would not change it till the conclusion of the trial.
(c) He shall report his presence at his residence once in a month on first Sunday to the concerned Police Station on phone between 10.00 a.m. to 12.00 noon.
(d) He shall attend the trial on each and every effective date.
( S. G. MEHARE ) JUDGE rrd