Andhra Pradesh High Court - Amravati
(„Crpc‟) vs 2022 Of Cyber Crime Station on 2 February, 2023
THE HON'BLE MS JUSTICE B.S.BHANUMATHI
Criminal Petition No.514 of 2023
ORDER :
This Criminal Petition is filed seeking regular bail under Sections 437 and 439 of the Code of Criminal Procedure, 1973 („CrPC‟), is filed by petitioner, who is A.28 in Crime No.51 of 2022 of Cyber Crime Station, NTR District registered against the petitioner and others for the offences punishable under Sections 420, 120-B IPC and 4 and 5 of the Prize, Chits and Money Circulation Schemes (Banning) Act, 1978 and 4 and 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999, and 66 of the Information Technology Act, 2000.
2. Heard Sri K.Joji Amrutha Raju, learned counsel for the petitioner/A.28 and the learned Assistant Public Prosecutor representing the respondent/State.
3. The case of prosecution, in brief, is that A.2 got registered A.1 firm under the name and style "Sankalpmart" through a software person by name Rompicherla Vijaya Rama Seshacharyulu in the website and created I.P. address, designed programme for learning members into 10 levels inviting deposits offering higher income on their investments and collected deposits from several customers. Later, A.1 and A.2, with the deposits of the customers, purchased properties in various places. Petitioner/A.28 initially joined as member in A.1 2 Crl.P.No.514 of 2023 company and got huge returns and induced so many customers and got deposited money in favour of schemes. Petitioner attended several meetings of the company and in criminal conspiracy with other accused, induced innocent public in joining as members in various schemes of the company and alleged huge deposits. It is further alleged that basing on the confession of co-accused, the petitioner, as accused No.28, was arrested.
4. Learned counsel for the petitioner submitted that the petitioner has been in jail for 53 days having been arrested on 11.12.2022 and that the major part of the investigation is completed, though charge sheet is not filed and further that the petitioner himself is the victim in the scheme having deposited Rs.3,50,000/- from his personal money and that he had no intention of committing the offence. He further submitted that co-accused No.27 with the similar allegations has been granted bail by this High Court in Crl. P.No.563 of 2022 on 01.02.2023.
5. Learned Assistant Public Prosecutor opposed the bail, however submitted that if this Court is inclined to grant bail in view of the earlier bail granted to the other accused, the same is with the discretion of the Court.
6. Considering the fact that the major part of investigation is completed, though charge sheet is not filed, and the petitioner is 3 Crl.P.No.514 of 2023 not prime accused and that the accused standing on the similar footing has already been granted bail, this Court is of the view that the petitioner can be enlarged on bail with certain conditions.
7. In the result, the petition is allowed. The petitioner/A.28 shall be released on bail on his executing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each, to the satisfaction of the learned Special Judge for trial of APPDFE Act Cases - cum - Metropolitan Sessions Judge, Vijayawada, and subject to complying the following conditions:
i. The petitioner shall co-operate with the investigation and shall attend before the Station House Officer on every alternative day between 10-00 A.M. and 5-00 P.M. starting from the day of his release until further orders or till charge sheet is filed, whichever is earlier.
ii. The petitioner/A.28 shall not directly or indirectly contact or threaten the witnesses under any circumstances and any such attempt shall be construed as an attempt of influencing the witnesses. He shall co-operate with the investigation, and shall not tamper the evidence. Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE B.S.BHANUMATHI Date : 02-02-2023 SAB