Allahabad High Court
Shadab Khan @ Rohan Rathaur @ Farhan vs State Of U.P. on 16 June, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- BAIL No. - 2931 of 2021 Applicant :- Shadab Khan @ Rohan Rathaur @ Farhan Opposite Party :- State of U.P. Counsel for Applicant :- Surangama Sharma,Atul Verma,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
The case is taken up through video conferencing.
Heard Shri Vinod Kumar Yadav, learned counsel for the applicant and Shri Anurag Verma, learned AGA for the State as well as perused the record.
This bail application has been moved by the accused/applicant- Shadab Khan @ Rohan Rathaur @ Farhan for grant of bail, in Case Crime No. 353 of 2020, under Sections 420, 467, 468, 471, 34 IPC and 66 I.T. Act, relating to Police Station Mahanagar, District Lucknow, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence as claimed by the prosecution.
It is further submitted that the case of the prosecution is that for the purpose of providing job/ employment a false link with the name of "Shine.com" was sent to many persons and the informant after believing the same to be bonafide clicked the same and an amount of Rs. 1000/- was debited from his bank account. However, soon thereafter another link was sent to him for the purpose of refunding back the amount earlier deducted and as soon as he clicked the link Rs. 49,000/- were again debited from his bank account. When he made communication through telephone another "link" was sent to him apparently for the purpose of returning the money already debited from his bank account, but as soon as he opened the same Rs. 49,000/- were again debited from his account of Punjab National Bank. During the course of investigation and after getting some lead the police had arrested the applicant along with other co-accused persons on different dates and it was revealed that the applicant with other co-accused persons was running a 'Call Centre' and they conjointly has defrauded many innocent persons by sending false links.
Highlighting the above factual matrix it has been vehemently submitted by learned counsel for the applicant that nothing incriminating has been recovered from the possession of the applicant at the time of his alleged arrest and there is no material available on record which may connect the applicant with the instant crime and as a matter of fact applicant was doing a job in a Call Centre and is not having any knowledge of the facts mentioned in the first information report.
It is further submitted that A.T.M. Card, Adhar Card and Mobile Phone which has allegedly been shown as recovered from the possession of the applicant do not belong to him and in no way could be connected with the alleged crime. He has not withdrawn any amount and co-accused, namely, Shubham @ Sky Verma standing on identical footing as of the applicant, has been released on bail by a Coordinate Bench of this Court, vide order dated 3.6.2021 passed in Bail No. 3275 of 2021 and the applicant is in jail in this case since 14.10.2020 and is not having any criminal antecedents.
Learned A.G.A., on the other hand submits that it is a matter of Cyber Fraud and the applicant with other co-accused persons was in the business of defrauding innocent persons by using computer technology and in this case he has looted approximately Rs. 1,00,000/- from the informant and therefore having regard to the nature of the case he is not entitled to be released on bail.
In rebuttal, learned counsel for the applicant submits that Coordinate Bench of this Court while granting bail to co-accused Shubham @ Sky Verma has categorically mentioned in the submission of learned counsel for the applicant that the amount of Rs. 1,00,000/- of which informant was defrauded has actually been returned to the informant.
Having heard learned counsel for the parties and having perused the record, it appears that the informant was defrauded of Rs. 1,00,000/- approximately when he was provided with three links by the accused persons and when he clicked on those links approximately Rs. 1,00,000/- were debited from his bank account. During the investigation the involvement of the applicant and other co-accused persons, has been found to the tune that they were running a 'Call Centre' at Ghaziabad and were defrauding the innocents by committing Cyber crime. The applicant is not having any criminal history. The identically placed co-accused , namely, Shubham @ Sky Verma has been released by a Coordinate Bench of this Court and while granting bail to the co-accused the Coordinate Bnech has considered the submission of the applicant that an amount of Rs. 1,00,000/- for which informant was defrauded has been paid to him and this fact has been mentioned in the rejection order of the co-accused Shubham @ Sky Verma. All the offences charged agaisnt the applicant are trial by Magistrate. Charge sheet in the mater has already been filed. The applicant is in jail in this matter since 14.10.2020 and no criminal history of the applicant has been brought in the notice of the Court.
Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant- Shadab Khan @ Rohan Rathaur @ Farhan involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Observations made herein-above are only for the purpose of disposal of bail and there is not having any bearing of the trial of the case.
Order Date :- 16.6.2021 Muk