Rajasthan High Court - Jodhpur
Mohammad Sadique Firozuddin Bicchu vs State Of Rajasthan (2023/Rjjd/005673) on 16 February, 2023
Author: Ashok Kumar Jain
Bench: Ashok Kumar Jain
[2023/RJJD/005673]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 335/2023
Rahul Kanta Ram Satav S/o Shri Kanta Ram Maruti Satav, Aged
About 36 Years, R/o Vagholi, Village Pune Road, Canera Bank Ke
Pas, Haveli, Vagholi, Tehsil Haveli, Police Station Lonikand,
District Pune, At Present Spended Counti, J-304, Loha Village,
Police Station Loha Village Maharashtra. (At Present Lodged In
Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 334/2023
Mohammad Sadique Firozuddin Bicchu S/o Firozuddin Bicchu,
Aged About 55 Years, R/o 803-A, Kumar Sublime Kondwa, Pune.
(At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ashok Bishnoi
For Respondent(s) : Mr. Arun Kumar, PP
Dr. Sachin Acharya Sr. Advocate
assisted by Mr. Rahul Rajpurohit
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 16/02/2023 The instant bail applications have been filed under Section 439 Cr.P.C. on behalf of the petitioners Rahul Kanta Ram Satav S/o Shri Kanta Ram Maruti Satav and Mohammad Sadique Firozuddin Bicchu S/o Firozuddin Bicchu, who are in custody in (Downloaded on 23/02/2023 at 10:43:13 PM) [2023/RJJD/005673] (2 of 5) [CRLMB-335/2023] relation to F.I.R. No.630/2022, Police Station Mahamandir District Jodhpur for the offences under Sections 420, 406, 467, 468, 471 & 120-B of the IPC and under Sections 66-C & 66-D of the IT Act.
Learned counsel for the petitioners submits that the offences under which these petitioners were arrested, are triable by Magistrate, Ist Class and a considerable time has lapsed after their arrest. He further submits that prima facie no connection of these petitioners have been established by the Investigating Agency in the alleged commission of crime. He further submits that the petitioners are not involved in communication with the complainant and whatsoever amount is deposited by the complainant, the same is for certain business promises based on certain proposals, which were not disclosed by the present petitioners.
Learned counsel submits on behalf of petitioner Rahul that he is a handicapped person and is suffering from blood pressure. He submits that a total amount of Rs.1.3 lacs was received in the account of petitioner Rahul and the same has been recovered by the police. He further submits that both the petitioners are not having any previous criminal antecedents. On behalf of petitioner Mohd. Sadique, who is of 60 years of age, it is submitted that no recovery is effected from him. He submits that the 'modus operandi' of present crime indicates that it was a business deal stuck between the complainant and the other individuals, who are not citizen of this country. He submits that the complainant had made investment. He further submits that present petitioners are neither master mind nor partner of this syndicate. He further submits that both accused are innocent and without any basis, (Downloaded on 23/02/2023 at 10:43:13 PM) [2023/RJJD/005673] (3 of 5) [CRLMB-335/2023] they are being involved. He further submits that accused- petitioners are entitled for bail in such matter as they are not required for further investigation.
Learned Public Prosecutor and Dr. Sachin Acharya, learned Sr.Advocate assisted by Mr. Rahul Rajpurohit for the complainant vehemently opposed the bail application and submit that both petitioners are part of syndicate which is operating a systematic racket for cheating. Learned counsel for the complainant further submits that total amount of more than 16 crores were cheated from the complainant and the modus in present case is that a false & fake website was created to offer membership of different categories. On the basis of promise and statement, amounts were deposited by the complainant on the promise that this money will be for business investment. He submits that all of sudden, the website was withdrawn and access to such web page was not available or accessible in public domain. He further submits that the amount so cheated from complainant was deposited in the bank accounts of resident Indians or under the instructions of certain accused including the present petitioners. He submitted that it is a white collar crime wherein the complainant was robbed with huge amount in which complainant had actually transferred the money to the accounts linked each other or through website. He further submits that present petitioners are directly involved in the crime and their involvement is proved during investigation hence, they may not be released on bail.
Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record and so also the case diary. (Downloaded on 23/02/2023 at 10:43:13 PM) [2023/RJJD/005673] (4 of 5) [CRLMB-335/2023] Bail applications of accused Manav Garg and Deepak Soni, who were arrested in relation to present case were dismissed as withdrawn by the Coordinate Bench of this Court vide order dated 04.01.2023 passed in S.B. Criminal Misc. Bail Applications No.16400/2022 & 16408/2022 and liberty was also granted to them for filing fresh bail applications after submission of challan. In this regard, learned counsel for the petitioners submits that there was transaction of Rs.2 crores with co-accused Deepak Soni and Manav Garg but in the present case there is no money transaction with respect to Mohd. Sidique and transaction of Rs.1.3 lac with respect to Rahul.
The case diary and the report suggest that a series of Whatsapp Chat were made with the complainant, handicraft exporter and who was lured for business deal on the false promise, on the basis of which he transferred nearly 16.26 crores. The details of transfer from complainant's account and his brother's account is available on record. It appears that both the petitioners were interrogated after their arrest and certain recovery is effected from one of the petitioner Rahul. The investigation report suggests that Mohd. Sadique was actively involved in sending links, mobile sim with net ID password to M.A.Jahcel Atas W/o Jacinillo through his friend Tariq. A notice was issued to M.S.Jahcel Atas through Indian Embassy. This report indicates that Mohd. Sidque one of the inter-mediatory, who assisted in entire smooth operation and transfer of funds, may be one of the key accused or link of this crime. At this stage, this Court thinks it not fit to examine the evidence collected during investigation but the fact of the matter is that huge amount of (Downloaded on 23/02/2023 at 10:43:13 PM) [2023/RJJD/005673] (5 of 5) [CRLMB-335/2023] money was cheated from the complainant with object to cause him wrongful loss.
Thus, in view of the discussions made herein above, looking to the gravity and nature and seriousness of offence, this Court is not inclined to release the petitioners on bail.
Accordingly, the bail applications under Section 439 Cr.P.C. filed on behalf of petitioners Rahul Kanta Ram Satav S/o Shri Kanta Ram Maruti Satav and Shri Mohammad Sadique Firozuddin Bicchu S/o Firozuddin Bicchu is dismissed.
(ASHOK KUMAR JAIN),J 60-Mamta/-
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