Allahabad High Court
Vinod Bhati vs State Of U.P. on 11 February, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:20045 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21473 of 2024 Applicant :- Vinod Bhati Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Shri Raghuvansh Misra, learned counsel for the applicant and Dr. S. B. Maurya, learned A.G.A. for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.156 of 2024, under Sections 420, 467, 468, 471, 120-B I.P.C., Section 14 Foreigners Act, Police Station Bisrakh, District Gautam Buddh Nagar, during pendency of the trial in the court below.
3. FIR of the present case was lodged on 04.03.2024 against applicant and two others and according to the FIR on the information that three persons indulged in cyber crime and they also sent people to Kambodia when applicant and two others were arrested then from the possession of the applicant two passports of Ansari and Hussain and 83 sim cards were recovered. It is further mentioned in the FIR, accused persons stated before the police that they indulged in cyber crime and on the basis of fake sim cards, they used to send common public to Kambodia.
4. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter.
5. He further submits that however, as per prosecution, from the possession of the applicant 83 sim cards were recovered but entire recovery is false and planted one and even there is no evidence, which can show that applicant used fake I.D. for the purpose to send people to Kambodia.
6. He further submits that however, during investigation, statements of two witnesses were recorded namely Shahrukh and Khalid and they stated that with the help of the applicant, they went to Kambodia where they were forced to indulge in cyber crime but merely on the basis of their statements, at this stage, it cannot be said that applicant indulged in human trafficking and both the witnesses were sent to Kambodia for the purpose of cyber crime.
7. He further submits that if after going abroad a person either indulged or was forcefully indulged in cyber crime then it cannot be said that the person, who sent him abroad also indulged in the offence of human trafficking and cyber crime.
8. He further submits that however, during investigation, it was revealed that in the account of the applicant about Rs.9,33,000/- were transferred by Ranet Technology Pvt. Ltd. but from the record, it could not be reflected that this money was proceeds of crime.
9. He further submits that however during investigation, it was also revealed that on the basis of one sim card Whatsapp was being used in abroad after changing I.P. Address but merely on this basis, it cannot be said that applicant indulged in the offence of cyber crime and human trafficking as after connecting to the VPN Server, the I.P. Address is atuomatically changed.
10. He further submits that except offence under Section 370(2) I.P.C., all the other alleged offences are triable by Magistrate and for offence under Section 370(2) I.P.C., there is no cogent evidence against the applicant on record, which can suggest that he indulged in human trafficking.
11. He further submits that even there is no cogent evidence against the applicant with regard to fraud, cheating and cyber crime.
12. He further submits that applicant is having no criminal history to his credit and he is in jail in the present matter since 03.03.2024 i.e. for last almost a year.
13. Per contra, learned AGA opposed the prayer for bail and submits that from the possession of the applicant huge quantity of sim cards were recovered, which were obtained by using fake I.D.
14. He further submits that from the statements of the victims, it is quite apparent that they were sent to Kambodia where they were forced to indulge in cyber crime.
15. He further submits that from Ranet Technology Pvt. Ltd. Rs.9,33,000/- were transferred in the account of the applicant and therefore, all these facts indicates that applicant is not innocent and he indulged in cyber crime and offence of human trafficking but he could not dispute the fact that there is no evidence on record, which can suggest that the alleged amount of Rs.9,33,000/- were proceeds of crime.
16. He further could not dispute the fact that even from the statements of victims, who were sent to Kambodia, it cannot be said that applicant indulged in the offence of human trafficking.
17. He further could not dispute the fact that except offence under Section 370(2) I.P.C., all the other alleged offences are triable by Magistrate and applicant is having no criminal history to his credit and he is in jail in the present matter since 03.03.2024 i.e. for last almost a year.
18. I have heard learned counsel for both the parties and perused the record of the case.
19. As per allegation, applicant alongwith others indulged in offence of cyber crime and human trafficking and from his possession 83 sim cards were also recovered. Record also suggests that as per the statements of the victims they were sent to Kambodia through applicant where they forced to indulge in cyber crime and in the account of the applicant about Rs.9,33,000/- were transferred by Ranet Technology Pvt. Ltd. but after considering the statements of the alleged victims recorded during investigation, this Court finds merit in the argument advanced by learned counsel for the applicant that at this stage, it cannot be said that applicant indulged in human trafficking. Further, this Court also finds merit in the argument advanced by learned counsel for applicant that if after arrival in Kambodia victims were forced to indulge in cyber crime then applicant cannot be held responsible or liable for that.
20. Further, there is no evidence on record that the money, which was transferred in the account of the applicant was proceed of crime.
21. Further, however, as per prosecution, out of 83 sim cards, which were alleged to have been recovered from the possession of the applicant, after changing I.P. Address of one sim card Whatsapp was being used in abroad but argument advanced by learned counsel for the applicant that after connecting to the VPN Server, the I.P. Address is changed and his argument cannot be completely brushed aside after perusing a literature (Unlock Seamless Communication: A Comprehensive Guide on Using VPN for Whatsapp Calls), which was produced by him during argument.
22. Further, except offence under Section 370(2) I.P.C., all the other alleged offences are triable by Magistrate and it appears, there is no cogent evidence against the applicant on record, which can suggest that he indulged in human trafficking.
23. Further, applicant is having no criminal history to his credit and he is in jail in the present matter since 03.03.2024 i.e. for last almost a year.
24. Further, law is settled, unless proven guilty an accused deemed to be innocent and his bail application cannot be dismissed either for preventive or punitive purpose.
25. Therefore, considering the entire facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.
26. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
27. Let the applicant- Vinod Bhati, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
28. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
29. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 11.2.2025 Zafar