Punjab-Haryana High Court
Arsad @ Arshad Khan vs State Of Haryana on 30 August, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:114111
CRM-M No.23627-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M No.23627 of 2024
Reserved on: 06.08.2024
Pronounced on: 30.08.2024
Arsad @ Arshad Khan ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Mudit Johar, Advocate
for the petitioner.
Mr. Rajat Gautam, Addl. A.G., Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections 47 20.11.2023 Cyber South, 25 of Arms Act, 1959 District Gurugram
1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 CrPC, 1973, seeking regular bail.
2. In paragraph 15 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts and allegations are being taken from the reply filed by the State, which reads as follows:
"3. That brief facts of the case in hand are that a complaint was received to the effect that the complainant was looking after the work of Social Media monitoring and he had found that a Facebook page had posted one post with words "Desi Katta pistol all India delivery" and a post regarding selling of country made pistol and ammunition had been published on the same. It was further averred that on the said Facebook page, one video of firing with country made pistol had also been posted and the maker had also put his mobile number 7852968719 with words "call me". The URL number of Facebook page was found being https://www.facebook.com/profile.plhp?id=10 0093695960805. Legal 1 1 of 5 ::: Downloaded on - 07-09-2024 09:01:43 ::: Neutral Citation No:=2024:PHHC:114111 CRM-M No.23627-2024 -2- action was sought. On the basis of these allegations, the above captioned FIR was registered and investigations were taken up in the matter."
4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.
5. The State's counsel opposes bail and refers to the reply.
6. It would be appropriate to refer to the following portions of the reply, which read as follows:
"4. That during the course of investigation, notice dated 30.11.2023 was issued to Facebook Inc and information was sought pertaining to the creation of IP Logs with date and time stamp, Login and Log out IP for the last 10 days' activity and the registered mobile number and email id linked with the said Facebook page. The records were received and the perusal of the same revealed that the mobile number 73779XXXXX, 83195XXXXX and email id [email protected] were registered with the said Facebook page.
5. That during the course of further investigation, the call detail records and I.D. CAF of the above said mobile numbers were obtained and taken into police possession. It had transpired that the said mobile number were obtained by fake I.D. proofs. Further, the information was sought from Google Inc. qua the email Id which was used to create the Facebook page. Records were obtained and taken into police possession and perusal of the same revealed that the email id was registered with mobile no. 7852968719 which was also mentioned in the Facebook post.
6. That the during the course of further investigation the call detail records and ID CAF of the mobile no. 7852968719 were obtained and taken into police possession. The same was found to be registered in the name of Rahul Tuddo R/o Basingi, Mayurbhanj, Odisha and the mobile no. 7377903371 was found to be registered in the name of Meera Dyohari R/o Pathuri Balipal Mundakata, Mayurbanj, Odisha, and mobile no 8319592395 was registered in the name of Subesh Chauhan S/o Thavria Chauhan R/o Gwan Falia, Gilara Alrajpur, Gilra, M.P.
7. That it had transpired that the said Meera Dyohari and Rahul Tuddo were not 2 2 of 5 ::: Downloaded on - 07-09-2024 09:01:44 ::: Neutral Citation No:=2024:PHHC:114111 CRM-M No.23627-2024 -3- found to have been residing at the address provided in their ID CAF.
8. That during the course of further investigation it had transpired that phone no 7852968719 was also linked with an account по. 7852968719 maintained at Airtel Payments Bank. The records of the said account were received from the Airtel Payments Bank and taken into police possession. It transpired that the said bank account was used to transfer funds to an NSDL payments bank account bearing no. 501019568310 which belonged to the petitioner. The records of account number 201019568310 of NSDL payments bank were obtained and taken into police possession and the perusal of the same revealed that the said account was registered in the name of one Arshad Khan S/ Rafeeq Khan R/o Khedli Saiyad, District Alwar Rajasthan.
9. That on 19.03.2023 the accused Arshad was joined in the investigation of the present case and was arrested upon receipt of appropriate incriminating evidence against him. He was subjected to interrogation while being in custody and upon interrogation he suffered his disclosure statement admitting his involvement in the commission of present crime. He disclosed that people from his neighboring villages used to commit cybercrime and he conceived an idea that he would create a page on social media and would induce the online users to pay him on the pretext of selling them illegal weapons for which they would not be even able to lodge any complaint. He further disclosed that he came in contact with such persons via Telegram App who used to facilitate Bank account kits and Sim card issued on forged identities and in the year 2023 he came in contact of such person who provided him 2 sim cards bearing no. 7852968719 and 7099114730 for which he paid a sum of Rs.3000/- and using the same, he created the Facebook page. He further disclosed that he used to induce people in the name of selling weapons by offering delivery of illegal arms on making of payment for delivery charges, which he used to receive in the bank account linked with the mobile no 7852968719 and the said mobile number was also linked with the Airtel Payments Bank. He further disclosed that the amount received in the said bank by cheating the persons was transferred to the bank account maintained at NSDL Payments Bank. He further disclosed that he used to receive calls and messages on WhatsApp from various people for buying the illegal arms. He further disclosed that ATM card and bank account kit pertaining to the NSDL Payment Bank account were thrown away by him. Accordingly, the offence punishable under section 420 IPC was introduced to the case and that of section 3 3 of 5 ::: Downloaded on - 07-09-2024 09:01:44 ::: Neutral Citation No:=2024:PHHC:114111 CRM-M No.23627-2024 -4- 25 Arms Act was deleted.
10. That in pursuance of the disclosure statement suffered by the petitioner he got recovered the mobile phone containing sim card number 7852968719, 7099114730 which were used in the commission of crime and the same were taken into police possession and the same were sent to DITAC laboratory for data extraction."
7. There is sufficient primafacie evidence connecting the petitioner with the alleged crime.
8. However, per paragraph 5 of the bail petition, the petitioner has been in custody since 19-03-2024. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage.
9. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage.
10. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.
11. While furnishing a personal bond, the petitioner shall mention the following personal identification details:
1. AADHAR number
2. Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.
3. Mobile number (If available)
4. E-Mail id (If available)
12. The petitioner shall abide by all statutory bond conditions and appear before the concerned Court(s) on all dates. The petitioner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any 4 4 of 5 ::: Downloaded on - 07-09-2024 09:01:44 ::: Neutral Citation No:=2024:PHHC:114111 CRM-M No.23627-2024 -5- witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.
13. Any observation made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.
14. A certified copy of this order would not be needed for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify its authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.
15. Petition allowed in terms mentioned above. All pending applications, if any, stand disposed of.
(ANOOP CHITKARA)
JUDGE
30.08.2024
Sonia Puri
Whether speaking/reasoned: Yes
Whether reportable: No.
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