Madhya Pradesh High Court
Javed Menon vs The State Of Madhya Pradesh on 31 August, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
-1- MCRC No.18462/2020
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.18462/2020
Javed Memon s/o Rafiq Memon vs. State of M.P
01.09.2020: (INDORE):
Shri Vishal Baheti, learned counsel for the applicant.
Shri Pushyamitra Bhargava, learned A.A.G with Shri
Manu Maheshwari, learned Panel Lawyer for the
respondent/State.
Heard learned counsel for the parties through video conferencing.
This is second repeat application filed under section 439 Cr.P.C seeking bail in connection with Crime No.105/2019 registered at police station Cyber Cell, Indore for the offence punishable under sections 420, 467, 468, 471, 120-B of the IPC and under section 66-D of the Information Technolgy Act. The first application (MCRC No.38698/2019) was dismissed on merit on 27.09.2019.
As per prosecution story, the Cyber Cell, Indore received an information that in Indore city certain persons are extracting money from USA citizens in the name of blocking their social security numbers by giving fake calls through call centers . A raid was conducted at a call center situated at plot No.15 PU4, Scheme No.54, Vijay Nagar in which 21 female employees, computer operator caller and the Director of call center Javed s/o Rafiq i .e. present -2- MCRC No.18462/2020 applicant were found. Applicant in his memorandum statement has disclosed that he is running another call center in a rented premises at Crystal Light behind C-21 Mall, Scheme No.54, Vijay Nagar taken from M/s Gold Brand Tea Company. After investigation it was found that the applicant through website has collected data of USA citizens and started threatening them that their social security number would be blocked due to their involvement in criminal activities . The police have seized his mobile phone and hard disk of the computers and sent to Forensic Science Laboratory for examination. The applicant and other o- accused for the purpose of transfer of money has opened accounts in ICICI bank, DBS bank, Axis bank etc. The applicant and others used to extract money from USA citizens through gift cards valued from 50 dollars to 500 dollars by sending 60 digit code . After getting the code number the merchants used to exchange the dollars into rupees and after deducting their commission @ of 40% to 60% transfers the balance through Hawala to the applicant. After completing the investigation the police have arrested all the accused and seized as many as 75 articles from call centers .
Shri Baheti Learned counsel for the applicant submits that the present applicant has wrongly been made accused in the aforesaid criminal case. He is in jail since 10.06.2019 i.e. more than one year and investigation is compelete and -3- MCRC No.18462/2020 Challan has been filed but there is no progress in the trial due to Corona epidemic. Except three co-accused including applicant, all other co-accused (only employees) have been released on bail either by this Court or by the Sessions Court. Neither there is any recovery from the applicant nor any amount was transferred into his account. Not a single complaint has been made against the applicant regarding the alleged fraud, therefore, the ingredients of section 415 & 420 IPC are missing in this case. As per the prosecution case the applicant by befooling the USA citizens has extracted money from them but there is no complaint from any of the USA citizens. In absence of any evidence regarding fabrication of forged documents the offences punishable under sections 464, 467 & 468 IPC are also not made out. There are as many as 50 witnesses in this case, hence the trial may take time to complete, therefore, the applicant be released on bail.
Shri Pushyamitra Bhargava, learned A.A.G for the respondent/State opposed the application by submitting that the electronic evidence and material collected from the possession of the applicant have been sent for examination to the cyber wing of police HQ but the report has not been received so far. The prosecution has reasons to believe that the amount transferred or received by the present applicant and others was by way of Hawala transaction. The investigation is still pending as the Challan was filed under section 173(8) of the Cr.P.C. One of the accused Amish, co-
-4- MCRC No.18462/2020accused has been granted bail and the State is going to file an application for cancellation of his bail. It is further submitted that the prosecution agency is in regular contact with FBI. The FBI has interviewed certain USA citizens who have verified that they did receive certain calls from unidentified persons for extracting money by befooling them. Vide communication dated 19.12.2019 the FBI has sent all the statements of several victims to the AIG, Zonal Cyber Cell, Indore along with with an authorization to use it in the criminal proceedings. According to the FBI all the victims are ready to appear and depose in the criminal trial. All these interviews and photocopies of the communications have been filed in this bail application along with the certificate under section 65-B of the Indian Evidence Act. According to learned Addl. Advocate General the FBI personnel came to India to monitor this investigation and appreciated the efforts made by Indore Cyber Crime Branch. He further submitted that the applicant is a permanent resident of Ahmedabad and if he is released on bail he will not appear in the trial. His further custody is required in this case as the investigation is in progress.
Heard learned counsel for the parties and perused the case diary.
The allegation against the applicant and other accused are serious in nature . The applicant took the premises on rent in which the call center was found running. The police -5- MCRC No.18462/2020 have collected enough material against him and the investigation is pending as the Final Report has been filed under section 173(8) of the Cr.P.C. Considering the facts and circumstances of the case in totality and the arguments advanced by the learned counsel for the parties, in the considered opinion of this Court, there is no change in the circumstances to consider the second repeat bail application, hence the application is rejected.
(VIVEK RUSIA) JUDGE Digitally signed by Hari Kumar Nair Date: 2020.09.02 17:12:07 +05'30' hk/