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Uttarakhand High Court

Sonu vs State Of Uttarakhand on 9 April, 2025

                                                                 2025:UHC:2915


 IN THE HIGH COURT OF UTTARAKHAND AT
                                   NAINITAL
                  1st Bail Application No. 2036 of 2024

Sonu                                                              ...Applicant

                                     Versus

State of Uttarakhand                                            ...Respondent


Presence:

Mr. Avidit Noliyal, learned counsel for the Applicant
Mr. Virendra Singh Rawat, learned A.G.A for the state.


H on'ble Ashish N a it ha ni, J ( Ora l)
 1.    The present bail application has been filed under Section 483 of the
       Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of the applicant
       accused Sonu, S/o Ayodhya Prasad, R/o 1506, J Block, Swaroop Nagar,
       North West, Delhi, who is presently in judicial custody in connection
       with FIR No. 293 of 2024, registered at Police Station Kankhal, District
       Haridwar, for offences punishable under Section 318(4) of the
       Bharatiya Nyaya Sanhita, 2023.
 2.    As per the contents of the FIR dated 20.09.2024, the complainant
       Shivaji Rathore, a shopkeeper by profession operating a general store
       under the name "Thareja Provision Store" in Krishnanagar, Kankhal,
       alleged that on 07.08.2024, two individuals approached his shop
       impersonating representatives of Paytm, a digital payment platform.
       They stated that they had come to "update" his Paytm scanner device
       and sought to check its functioning. The said individuals introduced
       themselves as Sonu (the present applicant) and Rohit (co-accused).
       Relying on their representations, the complainant allowed them to
       interact with the device.


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3.   Subsequently, on 08.08.2024, the same individuals visited the
     complainant's shop again and purchased goods worth ₹17,760, which
     they paid through Paytm.
4.   The payment was reflected in the complainant's account. Again, on
     12.08.2024, a similar transaction took place wherein they purchased
     goods worth ₹12,030, again paid via Paytm. However, at around 11:00
     p.m. on the same night, the complainant discovered that a total sum of
     ₹29,790 had been debited from his Paytm account without
     authorisation. Upon realising the fraudulent nature of the transactions,
     and following a period of inquiry and deliberation, the complainant
     approached the police and lodged the present FIR on 20.09.2024, i.e.,
     eight days after the incident of alleged unauthorised deduction.
5.   On the same day, while the complainant was passing through Kankhal
     Chowk market at around 3:00 p.m., he allegedly spotted the same two
     individuals at a nearby shop owned by a woman, again posing as Paytm
     executives and attempting to "update" the scanner device at that
     location. The complainant, with the assistance of a local resident named
     Deepak Verma, confronted the duo and restrained them.
6.   A search of their belongings allegedly led to the recovery of certain
     Paytm-related materials, including scanner stands, stickers, and sound
     boxes.
7.   The applicant and his co-accused were thereafter handed over to the
     local police. The applicant was formally arrested on 21.09.2024 and has
     remained in custody since.
8.   Heard learned counsel for the Applicant, Mr. Avidit Noliyal and Mr.
     Virendra Singh Rawat, A.G.A. for the state. Perused the records
     available.
9.   The learned counsel for the applicant has assailed the veracity of the
     FIR and subsequent proceedings, contending that the applicant is
     innocent and has been falsely implicated in the present matter.




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                                                                  2025:UHC:2915

10.   It is submitted that the delay of eight days in lodging the FIR has not
      been satisfactorily explained, and that such delay is indicative of
      afterthought or manipulation.
11.   The applicant contends that there is no prior animosity with the
      complainant, and the transactions in question appear to have been
      voluntary and commercial in nature, for which the appropriate remedy,
      if any, lies in civil proceedings.
12.   It is argued that the present FIR has been engineered by the
      complainant in collusion with the local police as a means to shield
      themselves from public criticism over the emergence of such scams in
      the region.
13.   It has also been urged on behalf of the applicant that the arrest was
      made in violation of the mandatory provisions of Section 41-A of the
      Code of Criminal Procedure (as applicable), inasmuch as the offence
      alleged carries a punishment below seven years and no notice under the
      said provision was served before effecting arrest.
14.   The applicant has also pointed to the absence of any independent
      witness to the alleged arrest or recovery and contends that the recovery
      of Paytm materials from his bag has been planted to support a
      concocted version of events.
15.   It is further argued that the applicant has no prior criminal antecedents
      and is a permanent resident of Delhi. He has already spent a significant
      duration in judicial custody, and in the absence of any concrete material
      showing his involvement in a larger conspiracy, his continued
      incarceration would amount to pre-trial punishment.
16.   The applicant has also brought to the Court's notice that following the
      registration of the instant FIR, his name was also implicated in another
      FIR of similar nature Case Crime No. 799 of 2024 registered at Police
      Station Kotwali Nagar, Haridwar which raises serious doubts as to the
      bona fides of the investigating agency.
17.   It is submitted that the applicant is being indiscriminately roped into
      such cases without any objective evaluation of individual culpability.
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                                                                   2025:UHC:2915

18.   Per contra, the State has filed a counter affidavit opposing the grant of
      bail. It is submitted on behalf of the respondent-State that the applicant
      and his co-accused are involved in a systematic and premeditated act of
      digital fraud wherein they impersonate representatives of Paytm and
      use such deception to gain access to scanner devices, ultimately
      manipulating transactions for wrongful gain.
19.   The incident involving the complainant is not isolated, and the
      involvement of the applicant in similar fraudulent conduct is evidenced
      by his implication in FIR No. 799 of 2024.
20.   The State contends that there is ample material on record, including
      statements under Section 180 of BNSS from the complainant and
      multiple other witnesses, namely Deepak Verma, Vipin Verma, Fareed,
      and Mitesh Kumar Thareja, which corroborate the sequence of events
      and the applicant's role in the same.
21.   The State further submits that CCTV footage was collected during the
      investigation, substantiating the physical presence and interaction of the
      applicant at the complainant's premises on the relevant dates.
22.   The charge sheet in the matter has been filed, and the investigation has
      yielded sufficient material indicating direct involvement of the
      applicant in the commission of the alleged offence.
23.   It is further contended that the applicant was apprehended on the spot
      by the complainant and other shopkeepers while attempting to replicate
      the same modus operandi on another unsuspecting shop owner, which
      rebuts the claim of false implication.
24.   Regarding the arrest without prior notice under Section 41-A Bharatiya
      Nagarik Suraksha Sanhita, 2023 (BNSS), the State submits that the
      provision was not attracted in the peculiar facts of the case, as the
      applicant was apprehended in the act by members of the public and
      handed over to police amidst public outrage. In such a scenario, the
      formal issuance of a notice would not be warranted, especially given
      the likelihood of breach of peace and the possibility of flight.


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                                                                  2025:UHC:2915

25.   The State thus argues that, considering the gravity of the offence, the
      existence of multiple similar allegations, the applicant's non-local
      residence, and the likelihood of his tampering with evidence or
      influencing witnesses, no case is made out for the grant of bail at this
      stage. The respondent prays that the application be dismissed in the
      interest of justice.
26.   This Court has carefully considered the rival submissions advanced on
      behalf of the applicant and the respondent-State. It has also perused the
      material available on record, including the contents of the FIR,
      statements recorded under Section 180 of the Bharatiya Nagarik
      Suraksha Sanhita, the counter affidavit filed by the investigating
      agency, the bail rejection order passed by the learned Sessions Court,
      and the charge sheet submitted in the case.
27.   The allegation against the applicant pertains to a form of digital fraud
      that involves impersonation and misrepresentation, wherein the
      applicant, along with another co-accused, allegedly posed as
      representatives of Paytm an established digital payment service
      provider and approached small shopkeepers under the guise of updating
      scanner devices. Such impersonation, combined with subsequent
      manipulative conduct involving transaction reversals, is indicative of a
      fraudulent scheme specifically designed to exploit trust and lack of
      technical awareness among ordinary shop owners.
28.   The facts alleged in the FIR suggest not a casual or isolated commercial
      dispute, but rather a deliberate and structured mechanism aimed at
      deceiving individuals under the pretext of legitimate commercial
      service.
29.   The present incident, as narrated by the complainant Shivaji Rathore,
      was not an isolated occurrence. It was preceded by a series of
      interactions in which the applicant and his associate initially gained the
      confidence of the complainant through apparently successful Paytm
      transactions.


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                                                                  2025:UHC:2915

30.   It was only upon retrospective deduction of funds from the
      complainant's account that the deception became apparent. The pattern
      of conduct, involving successive visits, fraudulent payments, and
      unauthorised debit of funds, prima facie reveals pre-planning and a
      calculated abuse of digital infrastructure.
31.   This Court is not inclined to accept the applicant's assertion that the
      incident amounts to no more than a civil dispute or failed transaction.
      On the contrary, the cumulative facts, when viewed holistically, lend
      weight to the allegation that deception was employed from the very
      inception.
32.   The contention of the applicant that there is an unexplained delay in
      lodging the FIR does not, in the facts of this case, undermine the
      credibility of the State. The delay of approximately eight days appears
      to have been occasioned by the complainant's effort to verify the loss
      and understand the cause of the unauthorised deduction.
33.   In cases involving digital fraud, especially where the mechanism of
      cheating is technical and not easily comprehensible to laypersons, such
      delay is not uncommon and cannot be treated as fatal to the State's
      case.
34.   Furthermore, the delay stands substantially neutralised by the
      subsequent recovery of Paytm-branded items from the possession of the
      applicant, and the corroboration provided by multiple independent
      witnesses whose statements have been recorded under Section 180 of
      the BNSS.
35.   It is also pertinent to note that the applicant was apprehended not
      through formal arrest by the police but was instead caught red-handed
      by the complainant and local shopkeepers while attempting to allegedly
      commit a similar act of deception at another shop in the same market
      area.
36.   The recovery of digital transaction accessories from the possession of
      the applicant further strengthens the allegations made in the FIR.


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                                                                     2025:UHC:2915

37.   The State has placed on record that CCTV footage has been retrieved,
      and the presence of the applicant at the complainant's shop on the
      relevant dates is confirmed. This lends an added layer of objective
      evidentiary support to the State version.
38.   Moreover, it has been brought to the notice of this Court that another
      FIR of similar nature, Case Crime No. 799 of 2024 under Section
      318(4) of the BNS, is registered against the applicant in Police Station
      Kotwali Nagar, Haridwar.
39.   The existence of this parallel FIR involving comparable modus
      operandi significantly diminishes the credibility of the defence claim
      that the present case is a one-off instance of false implication.
40.   On the contrary, the material on record gives rise to a reasonable
      apprehension that the applicant may be involved in a wider pattern of
      fraudulent activities targeting unsuspecting traders by exploiting the
      growing dependence on digital payment infrastructure.
41.   The submission of the applicant that his arrest was affected without
      compliance with the mandate of Section 41-A of the Bharatiya Nagarik
      Suraksha Sanhita, 2023 (BNSS) (as applicable under the BNSS) is not
      sustainable in the peculiar circumstances of this case.
42.   The applicant was apprehended on the spot by private individuals,
      amidst public outrage, and later handed over to the police. The
      procedural protections contemplated under Section 41-A are intended
      to prevent arbitrary arrest in cases of minor offences, not to shield an
      accused apprehended in flagrante delicto during commission of a
      cognisable offence.
43.   The concern for maintaining public order and preventing further
      repetition of such offences justified the immediate arrest.
44.   This Court also takes into consideration the fact that the applicant is a
      resident of Delhi, with no fixed roots in the district where the alleged
      offence occurred. In the event of his release on bail, there exists a
      legitimate and serious apprehension that he may abscond or tamper
      with the evidence, including influencing or intimidating the witnesses,
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                                                                   2025:UHC:2915

      who are all shopkeepers and residents of the same locality where the
      offence took place.
45.   The possibility of reoffending in a similar fashion also cannot be ruled
      out at this stage, particularly given the allegation that the applicant was
      attempting to target another shop at the time of being apprehended.
46.   While the right to personal liberty under Article 21 of the Constitution
      is sacrosanct and bail remains the rule in criminal jurisprudence, this
      right must be weighed against the larger interest of society and the
      necessity to ensure the integrity of ongoing investigations, especially in
      cases involving novel and technical forms of crime such as cyber and
      digital fraud.
47.   The gravity and the manner of commission of the alleged offence,
      coupled with its potential to cause widespread financial harm to
      unsuspecting victims, elevate the case beyond a routine bail
      consideration.
                                        ORDER

In view of the foregoing discussion, this Court is of the considered view that the applicant has not been able to establish any special or mitigating circumstance that would justify the grant of bail at this stage. The material on record, viewed in its entirety, discloses a prima facie case against the applicant, and the apprehensions expressed by the State regarding flight risk and interference with the course of justice appear to be well-founded.

Accordingly, the bail application stands rejected.

It is clarified that the observations made herein are confined to the consideration of bail and shall not be construed as an expression on the merits of the trial.

(Ashish Naithani J.) 09.04.2025 NR/ 8