Uttarakhand High Court
BA1/289/2018 on 24 September, 2018
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
BA1 No. 289 of 2018 Hon'ble Sharad Kumar Sharma, J.
Mr. Nalin Saun, Advocate for the applicant.
Mr. Sudhir Kumar Chaudhayar, Deputy Advocate General for the State of Uttarakhand.
This is 1st Bail Application seeking regular bail in Case Crime No. 25 of 2017, under Sections 420, 120-B, 467, 468, 471, 384 I.P.C. and 66 of I.T. Act, Police Station Cyber Crime, Dehradun Sadar, District Dehradun.
Complainant Anand Prakash Juyal has lodged an F.I.R. on 1st November, 2017 in relation to the incident which has occurred between 1st July, 2015 to 1st April, 2017. As per the allegations made in the complaint before the Incharge Inspector of Cyber Crime, Dehradun, he has submitted that on 28th June, 2015, he has received a friend request on his e-mail from one Sergeant Kathrine, who is accused No.1 and who as per the e-mail has shown himself to be an American agent presently being the member of World Peace Keeping Force is deployed in Afganistan. He has shown himself to be an American Sergeant in the American Armed Forces. The complainant further submits that another Sergeant, named as Sergeant Messi, who was also a member of World Peace Keeping Force, is shown to be an American citizen. He is shown to be posted in Iran for maintaining peace and tranquility as nursing agent. He is accused No.2 in the F.I.R.
The complainant's case is that their friend request was accepted by him and, thereafter, on 1st July, 2015, Sergeant Kathrine, i.e. accused No. 1, had sent an another e-mail to the effect that he has got 3.50 million, i.e. 35 lacs dollars which has been received by him from various militant camps and he wanted to invest the same in our country, in which, he wanted the complainant to be made as a partner. In the same manner, Sergeant Messi submitted that he has 4.60 million, i.e. 46 lac dollars and he wanted to invest the same in India under the partnership of the complainant. Thereafter, certain transactions had also taken place in Delhi and Mumbai for transfer of the consignment and there was a demand raised for Rs.41,500/- and 61,500/-, which was deposited by the complainant in their account number.
According to the complainant, accused No. 1 and 2, they have been sending messages on the e-mail of the complainant informing thereof about the different dates, whereby, deposits have been shown to have been made under the name of "Anti Terrorists Certificate Money Laundering Clearances". It is also narrated in the F.I.R. that there had been various communications between the accused and complainant. Thereafter, one Mr. Kankukoo Cathrine, had called the complainant to Delhi to receive the consignment. When he came to Delhi with consignment, it was found that it does not contain original dollars. Thereafter, the complainant has lodged the complaint before the Police narrating of the incident.
The accused assured the complainant that a sum of Rs.38,00,000/- which was demanded from him would be deposited in the account of the accused standing in the City Bank, out of which, the complainant can withdraw Rs.4 lacs each day from any International Bank. Even so much so that accused person got prepared an ATM Card and had sent it to the complainant. Case of the complainant is that thereafter the accused person last contacted applicant on 11.04.2013 and complainant has withdrawn Rs.2,90,000/- and total sum of Rs.5,80,000/- only.
He submitted that aforesaid accused persons often now and then have been extracting money from the complainant. Ultimately, he has submitted that the aforesaid accused persons have allured the complainant by making him as to be a partner in their business and had tried to trap the complainant by fraudulently taking Rs.31,49,000/- from him. The details of which were supplied by the complainant along with the F.I.R.
Applicant has filed Bail Application No. 63 of 2018 before the Sessions Judge, Dehradun. The learned Sessions Judge has rejected the Bail Application on the ground that various fake accounts were opened in banks and huge amount was deposited in those accounts and later it was withdrawn from time to time on the basis of the alleged ATM Cards which are shown to have been recovered from the accused persons. It has also come on record that accused person was seen on CCTV footage while withdrawing the amount on the basis of eight ATM cards which was fraudulently prepared by the accused person. Considering the fact that the applicant is a foreign national and there is possibility that he may jump the bail and abscond from trial, the same has been rightly rejected by the learned Session Judge.
Perusal of the F.I.R. reveals that the applicant is a Nigerian citizen; wife of the applicant belongs to North East, District Ukhrul, Manipur; the applicant opened fake accounts in the bank by taking innocent people into confidence duped them of their money and, thereafter, the same was withdrawn by the applicant fraudulently; the applicant was seen in CCTV footage while withdrawing the money. Moreover, perusal of the F.I.R. as well as counter affidavit filed by the State reveals that the allegations levelled against the applicant are serious in nature.
Considering the above facts and circumstances of the case, this Court is not inclined to enlarge the applicant on bail at this stage.
Accordingly, the Bail Application is rejected.
(Sharad Kumar Sharma, J.) Dated 24.09.2018 Shiv