Madhya Pradesh High Court
Dilshad Khan vs The State Of Madhya Pradesh on 23 September, 2023
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROHIT ARYA
ON THE 23 rd OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 20262 of 2023
BETWEEN:-
DILSHAD KHAN S/O SHRI AAS MOHAMMAD, AGED
ABOUT 22 YEARS, OCCUPATION - LABOURER, R/O
JHARPURI POLICE STATION PINGAON, MEWAT,
DISTRICT NOOH (HARYANA).
.....APPLICANT
(BY SHRI UPENDRA YADAV - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CYBER CELL, DISTRICT GWALIOR. (MADHYA
PRADESH).
.....RESPONDENT
(SHRI A.K.NIRANKARI - PUBLIC PROSECUTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the third repeat application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. Earlier two applications were dismissed as withdrawn.
2. The applicant is in custody since 20.08.2022 in connection with Crime No.05/2022 registered at Police Station Cyber Cell, District Gwalior for the offence punishable under Sections 420 of IPC and Sections 66 (c), 66(d) of IT Act 2008 and added Sections 467, 468, 471, 204 of IPC.
3. As per the prosecution story, a written complaint was filed by the 2 complainant Sudish Singh Tomar on 17.11.2021 that his father holds a Saving Bank Account No. 1395590094 in State Bank of India and that by fraudulent means, an amount of Rs.6,23,989/- has been withdrawn from the said account through internet banking during the period 31.10.2021 to 04.11.2021. The FIR has been registered at Crime No.422/2021. In the enquiry, it has been found that out of the aforesaid amount of the account holder/complainant, Rs.40000/- were withdrawn through YONO Cash from ATM and balance amount of Rs.5,83,989/- were withdrawn through IMPS by 8 different persons by transferring the amount to different bank accounts and in this way he has been cheated. It has also been found in the enquiry as per Kaifiyat report that out of the different bank accounts in which the aforesaid amount of account holder was transferred, one account No.11461000011642 belongs to applicant Dilsahad S/o Aas, in which Rs.95,000/- were transferred and Rs.25,000/- were transferred in Sarva Haryana Gramin Bank Account No.76121901067003 (IFSC PUNB 0HGB001). It was further found that the aforesaid amount of the account holder/complainant was transferred to the accounts of different persons by co-accused Farooque S/o Samat R/o Bharatpur Rajasthan through the mobile number registered with the bank by sending OTP numbers through internet, on which FIR at Crime No.0005/2022 under Section 420 of IPC and Sections 66C, 66D of I.T (Amendment) Act, 2008 was registered against Farooque and thereafter investigation started. After obtaining CCTV Footage of ATM from the bank, it was found that the present applicant has withdrawn Rs.40,000/- from the account of the complainant. On this, the applicant was taken in custody and after enquiry, a mobile, two SIMs of Vodafone and Airtel and a passbook were seized from the applicant.
4. A member of the Investigating Team Shri Shailendra Rathor, Sub 3 Inspector, State Cyber Cell, Gwalior is present in the Court with the record. He states that after registration of the FIR, I.P. Log details were sought from SBI in respect of the account in question. Thereafter, the same were forwarded to Telecom Department for Internet Protocol Data Record (IPDR). The same has been supplied. After thorough examination of such record, it has been found that three mobile numbers i.e. 9452056982, 7693992061 and 9813689743 were used for internet banking during the period 31.10.2021 to 09.12.2021. Thereafter, details and track of operation of those three mobile numbers were traced. Two mobile numbers used were found to be in possession of the present applicant, out of which one mobile number i.e. 9452056982 is in the name of the applicant, whereas SIM of another mobile number 7693992061 is found to to fraudulently procured. Both the mobiles with SIMs were found in possession of the present applicant.
5. It has also been found from the ATM CCTV footage that an amount of Rs.40,000/- was withdrawn by the present applicant on 03/04.11.2023 through YONO Cash ATM. Rs.95,000/- were found to have been transferred and withdrawn from the bank account of the complainant to the bank account of the applicant of Punjab and Sindh Bank and Rs.25,000/- were found to have been transferred and withdrawn from the bank account of the complainant to the bank account of the applicant of Sarv Haryana Gramin Bank. Further, an amount of Rs.10,000/- was withdrawn by the present applicant from the account of the complainant through KIOSK. It has also been found that an amount of Rs.1,00,000/- was transferred from the bank account of the complainant in the HDFC bank account of co-accused Farooque Khan, out of which some amount was transferred in the bank account of the present 4 applicant. Said account was being operated by the present applicant and Mobile No.9452056982, which was registered in the bank account, was in the name of the present applicant, which has been seized. In this way, an amount of Rs.6,23,000/- was withdrawn from the account of the complainant through internet banking.
6. It is submitted that it is a case of huge magnitude fraud. In excessive investigation about 1200 SIMs have been found being used to obtain OTP numbers of different accounts. The instant case is only a tip of iceberg. The present applicant has withdrawn an amount of Rs.6,29,989/- using three phones and the same amount was transferred through the process of internet banking by the present applicant in three accounts. Thereafter the amount so deposited were transferred to his own account through the same internet banking system. As such, the applicant is the kingpin of the entire crime. The investigation is in progress.
7. Shiri Upendra Yadav, learned counsel for the applicant submits that in his account only a sum of Rs.1,20,000/- is transferred and he is prepared to return the said amount. Therefore, he prays for grant of bail.
8. On perusal of the case diary, the details of gravity of the crime and serious consequences flowing therefrom in the matter of fraudulent withdrawal of the money from the account of innocent persons, it is a case of crime against the society at large affecting innocent persons being cheated by fraudulent withdrawal from their saving accounts. This Court is of the view that in the obtaining facts and circumstances, the applicant does not deserve to and accordingly declined the bail. Hence, the application stands dismissed.
5(ROHIT ARYA) JUDGE SP SANJEEV Digitally signed by SANJEEV KUMAR PHANSE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, KUMAR postalCode=474001, st=Madhya Pradesh, 2.5.4.20=b127bc1c16d2794cb53e7637ddf59a1 c3bd3662e8c5de5d5505a6b3e4d77be89, pseudonym=C448D0997960E91F4C949E6C59 DC3A533B536913, PHANSE serialNumber=32F47BD4EEEC6355252187AFA F374C08A4A7DE0DF055620A697876BB20374E 54, cn=SANJEEV KUMAR PHANSE Date: 2023.09.26 10:42:13 +05'30'