Punjab-Haryana High Court
Vikram vs State Of Haryana on 29 November, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:160356
CRM-M-34680-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-34680-2024
Reserved on: 13.11.2024
Pronounced on: 29.11.2024
Vikram ...Pe oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. R.S. Mamli, Advocate,
for the pe oner.
Mr. Vikrant Pamboo, Sr. DAG, Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta1on Sec1ons 12 19.05.2024 Cyber Crime, District Charkhi Dadri 120-B, 420 IPC 1. The pe oner apprehending arrest in the FIR cap oned above has come up
before this Court under Sec on 438 CrPC, seeking an cipatory bail.
2. In paragraph 9 of the bail pe on, the accused declares that he has no criminal antecedents.
3. The facts and allega ons are being taken from the status report filed by the State, which reads as follows:
"2. That facts in the present ma er in succinct are that a case FIR No.12 dated 19.05.2024 under sec ons 420, 120B IPC Police Sta on Cyber Crime, Charkhi Dadri was registered on the wri en complaint submi ed by Abhishek son of Rakesh, resident of village Jewali, District Charkhi Dadri sta ng therein that he is working as labourer. Last year, in the month of September 2023, Ashin son of Amir Khan, resident of village Bhandwa, District Charkhi Dadri had approached him to get him personal loan. He had assured to get the loan sanc oned. A3er 2/3 days, he got a telephonic call from Ashin to come to the house of Vikram son of Puran resident of village Lad (Present Pe oner) along-with Adhar Card, Pan Card and cheque book of his Indusind Bank account. Upon this he reached 1 1 of 5 ::: Downloaded on - 02-12-2024 23:42:37 ::: Neutral Citation No:=2024:PHHC:160356 CRM-M-34680-2024 at the house of Vikram where Ashin got his signatures on some papers and Vikram took his photo from his phone and photocopies of Aadhar- Card and Pan-Card along with his signatures. One cheque was also taken from his cheque-book. Ashin told that he is deposi ng some rupees in his Indusind bank- account, which will automa cally be withdrawn/deducted. Therea3er, he returned to his house and Ashin telephonically called him to come at Badhra. When he reached at Badhra, Ashin along with Naveen, resident of village Bhandwa, met him there. They both brought him to Badhra Court and obtained his signatures on some documents on the pretext of ge>ng the loan sanc oned. They then took him to Grain Market Badhra and obtained his signatures on 3-4 papers and also took OTP number from his mobile phone No.xxxx8531. Few days therea3er, Ashin again telephonically called him to come at Badhra. When he reached at Badhra, Ashin and Naveen met him in a car wherein one bank employee, namely, Jitender, was also si>ng. They took him in the car to bus stand of village Lad and where they took his photos and got his signatures on some documents and noted the OTP from his mobile phone. A3er some more days, Ashin telephonically called him to give a call to Naveen. Upon calling Naveen, he asked the complainant to come at Badhra. When he reached at Badhra, Naveen took him to HDFC Bank Badhra. His signatures were obtained on some papers in the Bank and Ashin telephonically assured him that his loan would be sanc oned. Therea3er, in the month February 2024, Naveen telephonically called him to come to his house. When he reached there, Naveen and bank employee Jitender were present there, who got photos of his Aadhar-Card, Pan-Card and got his signatures on some papers. A few days later, Ashin telephonically called again to reach at IDFC Bank, Charkhi Dadri. A3er reaching Dadri, Ashin gave him telephone number of Bank employee Jitender and ask to call him. When the complainant called Jitender, he came outside the Bank and took him inside Bank premises and got his signatures on some papers and one cheque. A3er a few days, he received cheque book and ATM Card of IDFC Bank Account No.xxxx4210 at his home. Therea3er, in the month of April 2024, he visited HDFC Bank Badhra open Bank account there, the bank employee present there told that he is already having account No.xxxx4220 and that lot of money has been transacted in said account and that since fraud amount had come in said account, said bank-account has been frozen. Upon this he telephonically called Ashin, who asked to come on canal of village Lad.2
2 of 5 ::: Downloaded on - 02-12-2024 23:42:38 ::: Neutral Citation No:=2024:PHHC:160356 CRM-M-34680-2024 When he reached there, Ashin, Naveen and Vikram met him. Upon enquiring from Ashin how the bank account has been opened with HDFC Bank Badhra, he answered that he got said account opened for execu ng duplicate/fraud transac ons. He assured to give some amount and asked not to disclose it to anyone. He then came to know that above men oned Ashin, Naveen, Vikram and bank employee Jitender have conspired to make illegal transac ons through bank accounts got opened by them in his name and they have thus commi ed chea ng. Upon this instant case FIR was registered and inves ga on commenced."
4. The pe oner's counsel prays for bail by imposing any stringent condi ons and contends that further pre-trial incarcera on would cause an irreversible injus ce to the pe oner and his family.
5. The State's counsel opposes bail and refers to the status report.
6. It would be appropriate to refer to the following por ons of the reply, which read as follows:
"3. That during the course of inves ga on conducted by ASI Sanjeet Kumar PS Cyber Crime, Charkhi Dadri bank account details of the complainant were obtained from HDFC and IDFC Bank. From perusal of bank account record it has been found that Bank account No. xxxxxxx220 was in the name of Abhishek Digital Services and an amount of Rs.27.61 crores were found to be credited in the said account by way of small UPI payments, and the en re amount was found to be debited to another account on daily basis in a single transac on.
4. That during inves ga on Naveen son of Balwan resident of village Bhandwa district Charkhi Dadri was joined in inves ga on and arrested in the case on 19.05.2024 and a mobile phone was recovered from him. During interroga on above accused confessed his crime and stated that accused Ashin of his village and Vikram resident of Laad persuaded him to open his bank account and also of others needy persons to sold these accounts to them and they will use these accounts for online gaming money transfer purpose. Thus, he opened his account in HDFC Bank and handed over the transac ons detail to Ashin and Vikram (present Pe oner), who made a transac on of Rs. 1.5 crores in his account. The accused further confessed that he persuaded Abhishek to open his accounts on different banks on the pretext of ge>ng loan and handed 3 3 of 5 ::: Downloaded on - 02-12-2024 23:42:38 ::: Neutral Citation No:=2024:PHHC:160356 CRM-M-34680-2024 over the ownership of these accounts to Ashin and Vikram by adop ng fraudulent means and these accounts were used in transfer of illegal money. From the confessional statement of accused, cheque book, pass book of the complainants HDFC Bank were recovered along with sim-card.
5. That during inves ga on, as per bank account details of co-accused Naveen it has been found so far that a transac on 5.37 Crore was found to have been made. That during inves ga on, raids were conducted on the hide outs of accused/pe oner Vikram and accused Ashin and from his office at Gurugram another accused Ashwini son of Bhupender resident of Jagram Bass (who use to work for accused Ashin, Vikram, Vijay and others) was arrested in the case on 23.05.2024 and confessed his involvement in crime and named the co-accused Vijay Singh as one of the master mind of the above men oned fraud sta ng that accused Vijay Singh operates an account in the name of Vijay OTP Group on Telegram App, which he use to circulate OTP of transac ons to the present pe oner and other co-accused. Screen shots of Vijay OTP Group were recovered from the mobile phone of accused Ashwini and the same were taken in police possession. As per the chats of this group, the pe oner and co-accused were found in touch through telegram messages with numerous peoples including foreigners and accused/pe oner Vikram. Screen shot of relevant por on of chat group is annexed herewith as Annexure R-1 (Colly). Two mobile phones having details of bank transac ons and Telegram chat were recovered from the co-accused Ashwani and the same were taken in police possession. Further, from the confessional statement of accused Ashwini, 03 laptops, 05 ATM Cards and 02 cheque books were also recovered from the Gurugram office of the accused. As per report obtained from JMIS portal, 11 complaints are registered against the mobile number recovered from accused Ashwini, in which a fraud of Rs.4,43,288/- has been found to be commi ed.
6. That as per inves ga on conducted so far and bank account detail of the accused Ashwani, Vikram, Naveen and complainant, obtained from various banks, transac on of about Rs. 75.00 crores have been found to be made in various accounts purchased by the accused including their own. Further inves ga on is under process and it is yet to be ensured that what is the source of such large account and where it has been transferred.
7. That the inves ga on of instant case is at a very ini al stage and the accused/pe oner is one of the kingpins of the en re crime. Details of all 4 4 of 5 ::: Downloaded on - 02-12-2024 23:42:38 ::: Neutral Citation No:=2024:PHHC:160356 CRM-M-34680-2024 the given bank accounts, SIM Cards and mobile phones, are s ll to be received from concerned banks and the concerned Telcom Agencies and once same would come, only therea3er it could be ascertained that with how many persons and of how much amount cyber frauds have been commi ed by this gang. Huge transac on touching the figure of 75 crore in a short span shows that master-minds are involved to cheat the masses at a massive scale."
7. The pe oner is one of the main accused and acted with malicious intent to rob an innocent and gullible person.
8. The pe oner and his accomplices took advantage of the breaches and vulnerabili es in the bank account opening protocols. The sly way the pe oner and his accomplices conned, tricked, deceived, swindled, and defrauded the pe on itself pointed out the dangerous indicator that the thugee has revived through misuse of vulnerabili es in the financial systems, and if not sternly dealt with now, it might upsurge, revisi ng the history. Any further discussions will likely prejudice the pe oner; this court refrains from doing so. Be that as it may, this court cannot be judgmental. The gravity of the offense would not en tle the pe oner to bail at this stage.
9. A perusal of the bail pe on and the documents a=ached primafacie points towards the pe oner's involvement and does not make out a case for bail. The impact of crime would also not jus fy bail. Any further discussions will likely prejudice the pe oner; this court refrains from doing so.
10. Any observa on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.
11. Pe11on dismissed. Interim orders are recalled with immediate effect. All pending applica ons, if any, are disposed of.
(ANOOP CHITKARA)
JUDGE
29.11.2024
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
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