Madhya Pradesh High Court
Tushar Arora vs The State Of Madhya Pradesh on 11 June, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-19410-2018
(TUSHAR ARORA Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 11-06-2018
Shri Praveen Dubey, learned counsel for the applicant.
Smt. Namrata K. Agrawal, learned Government Advocate for the
respondent/State.
The applicant has filed this first bail application under Section 439 of sh the Cr.P.C. for releasing him on bail in connection with Crime e No.107/2017 registered at Cyber and High Technical Crime Police Station, ad Bhopal for committing offences under Sections 419, 468 of the I.P.C. and Pr Sections 66-C and 66-D of the I.T. Act.
As per prosecution, the present applicant along with other co-accused a Himanshu Ravi Arora and stepfather Shri Ram Babu Chauhan have opened hy a fixing website with intention to extract money from the needy ad unemployed by obtaining their ATM and OTP numbers on the pretext that such unemployed youth shall be provided gainful employment with M multinational companies. The said complaint was filed by one Shruti Dubey, D/o Shri Anant Kumar Dubey. Further as per the prosecution, she of received two telephonic calls from two different mobile numbers and some rt lady spoke to her and assured that she is an employee of ou www.naukaribiz.com for job placement in Bajaj Company Pvt. Limited. It has further been stated that the complainant has been selected by the C aforesaid company and she will be informed that date and place of h interview by telephonic instructions. Accordingly, she paid the amount and ig the complainant disclosed her personal ATM and OTP code to the aforesaid H lady and an amount of Rs.5,510/- was deducted from the account of complainant.
Thus, on investigation by the Cyber Crime Police Station, Bhopal, it was found that the present applicant, his brother Himanshu Ravi Arora and stepfather Ram Babu Chauhan are involved in running a fraudulent website in order to extract money from her. It has further been alleged that the website was being operated by imaginary name of one Shri Rajesh Mishra which is connected with address of present applicant. Thereafter, the applicant as well as his brother Himanshu Ravi Arora have been arrested.
Learned counsel for the applicant submits that the applicant is a student and he is innocent. The applicant being student was simply sitting in the office of his stepfather without knowing the complications alleged to have been involved and no allegations has been alleged on the present applicant. He further submits that other co-accused Himanshu Ravi Arora has already been granted bail by this Court on 17.05.2018 in M.Cr.C. No. 17729/2018. It is also submitted that the conclusion of trial will take time. In such circumstances, learned counsel for the applicant submits that the bail application be allowed and the applicant be released on bail.
Learned Government Advocate opposes the aforesaid bail application and she submits that a complaint of similar nature has also been registered against the applicant at Hyderabad.
sh After hearing arguments of the parties and looking to the whole facts e and circumstances of the case, I am of the considered view that it would be ad appropriate to release the applicant on bail, therefore, without commenting Pr on the merits of the case, application of the present applicant namely, Himanshu Ravi Arora under Section 439 of the Cr.P.C. seems to be a acceptable. Consequently, it is hereby allowed.
hy It is directed that applicant be released on bail on his furnishing a bail ad bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the same amount to the satisfaction of the JMFC concerned or trial Court M for his appearance before them on the dates given by the concerned Court.
of It is further directed that the applicant shall comply the provisions of Section 437(3) of the Cr.P.C.
rt Certified copy as per rules.
ou (MISS VANDANA KASREKAR) C V. JUDGE h ig H Tabish Digitally signed by MOHAMMAD TABISH KHAN Date: 2018.06.14 14:39:06 +05'30'