Bombay High Court
Gopal Singh Tomar S/O Julasingh vs The State Of Maharashtra Thr. Cyber Ps, ... on 12 April, 2024
1 915aba244.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (ABA) NO. 244 OF 2024
Gopal Singh Tomar V/s State of Maharashtra
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Mr. Ashish Deep Verma, counsel with Mr. A.Vyas, counsel for the applicant.
Mr. U.R.Phasate, APP for non-applicant/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 12/04/2024.
1. Apprehending the arrest at the hands of police, in
connection with Crime No. 98/2023 registered with Cyber
Police Station, Nagpur City, District Nagpur for the offence
punishable under Sections 420, 465, 467, 468, 471 read with
Section 34 of the Indian Penal Code, 1860 and Sections 66(c)
and 66(d) of the Information Technology Act, 2000, the
present applicant approached this Court for grant of pre-arrest
bail.
2. Learned counsel for the applicant submitted that as
far as the allegation against the present applicant is
concerned, it is only to the extent of some guidance to the
investors to invest the amount in PLC Ultima Crypto Currency
run by Platincoin Private Limited. He submitted that the
recitals of the FIR shows that no benefit was received by the
present applicant, but the only role is attributed to him that he
guided the investors to invest the amount by mentioning that
they can get the profit seven times if they deposit the amount.
rkn
2 915aba244.2024.odt
Thus, at the most, the act of inducement can be attributed to
the present applicant. In support of his contention, he placed
reliance on the order passed by the High Court of Gujrat at
Ahmedabad in Criminal Misc. Application (for Anticipatory
Bail) No. 20094/2023 wherein in similar facts, the Gujrat
High Court has protected a similarly situated person by
granting anticipatory bail. He invited my attention towards the
General Terms and Conditions of PLC Ultima which are
mentioned in the said order. He submitted that the present
applicant is similarly situated and immediate custodial
interrogation is not required. Considering that the only role
attributed to him is of inducement and prays for protecting
him by grant of ad-interim protection.
3. Learned APP strongly opposed the said application
on the ground that the only inducement on the part of the
present applicant is not there, but the investors have lost their
amount, and therefore, custodial interrogation of the present
applicant is required. He further submitted that he has to
ascertain from the investigation papers regarding the role of
the present applicant. At this stage, no case is made out for
grant of pre-arrest bail.
4. Having heard learned counsel for the applicant and
learned APP for the State, perused the recitals of the FIR and
the various documents filed on record. I have also perused the
general terms and conditions of the PLC Ultima, which read as
under:-
rkn
3 915aba244.2024.odt
8(D) No guarantees / modification, restriction of
services of PLC Ultima / transfer to third parties
(1) Your access to the website and the services of PLC
Ultima is at your risk.
(2) PLC Ultima is authorized to modify the website and
services offered by PLC Ultima free of charge
without prior announcement or liability.
(3) PLC Ultima reserves the right to limit the use of
services including the ability of contacting other
members, through the website if PLC Ultima is of
the opinion that such violate contractual or legal
obligations or the services are otherwise abused.
(4) PLC Ultima does not guarantee that within the
scope of the competent jurisdiction under your
national law it is legal for you to use the services
of PLC Ultima or to advertise such or to participate
in any activities of PLC Ultima; that access to the
PLC Ultima website is at any time faultless and
interference-free, timely, or secure and that defects
are rectified.
(5) PLC Ultima reserves the right to transfer, assign,
sublicense or pledge, in whole or in part, its
business, individual assets hereof or individual
rights and obligations under this User Agreement
to third parties without prior notice, provided that
the third party also complies with applicable
contract and other laws.
5. On perusal of the recitals of the FIR, the allegation
against the present applicant is only to the extent that he has
induced and obliquely guided the investors to invest the
amount on the ground that they can get the benefit 7 times if
they invest the money. Thus, it reveals that the investors have
invested the amount, considering the fact that they can get
profit. Thus, at the most, the only role attributed to the
rkn
4 915aba244.2024.odt
present applicant is to the extent of inducement. From recitals
of the FIR, it nowhere reveals that he is the beneficiary of the
said amount.
6. While considering the anticipatory bail, it is well
settled that, the factors to be borne in mind, while considering
the bail application; whether there are any criminal
antecedents against the present applicant; whether the prima
facie ground or reasonable ground to believe that the accused
had committed the offence; nature and gravity of the offence;
severity of the punishment in the event of conviction; and
whether there is any apprehension of fleeing away from
justice. Considering the considerations for the grant of
anticipatory bail, at this stage, there is no apprehension to
held that the present applicant could not be available for the
investigation, and as far as the part of the interrogation is
concerned, which can be taken care of by imposing certain
conditions on the present applicant. In view of that, the prayer
for grant of ad-interim protection deserves to be allowed.
Accordingly, I proceed to pass the following order:
ORDER
a] In the event of his arrest, in connection with Crime No. 98/2023 registered with Cyber Police Station, Nagpur City, District Nagpur for the offence punishable under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860 and Sections 66(c) and 66(d) of the Information Technology Act, 2000, the applicant- Gopal Singh rkn 5 915aba244.2024.odt Tomar, shall be released on ad-interim anticipatory bail on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.
b] The applicant shall attend the concerned Police Station as and when required on receipt of the notice from the investigating officer in advance and shall cooperate with the investigating agency.
c] The investigating officer is permitted to intimate the present applicant to attend the Police Station through manual notice as well as WhatsApp notice.
d] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.
e] The applicant shall not leave the jurisdiction of the Buldhana District without prior permission of this court.
f] Learned Additional Public Prosecutor waives service of notice on behalf of non-applicant/State.
g] Stand over after two weeks.
[URMILA JOSHI-PHALKE, J.] Signed by: Mr. R.K. NANDURKAR rkn Designation: PA To Honourable Judge Date: 16/04/2024 16:46:19