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[Cites 3, Cited by 0]

Bombay High Court

Ayub Alam Bashir Ansari vs The State Of Maharashtra on 9 July, 2024

Author: Madhav J. Jamdar

Bench: Madhav J. Jamdar

2024:BHC-AS:26882                                                                       3-BA-1122-2024.doc
            Digitally
            signed by
            WAKLE
  WAKLE     MANOJ
  MANOJ     JANARDHAN
  JANARDHAN Date:
            2024.07.09
            19:57:42
            +0530
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CRIMINAL APPELLATE JURISDICTION

                                                BAIL APPLICATION NO.1122 OF 2024

                          Ayub Alam Bashir Ansari                                        .Applicant
                                       Versus
                          The State of Maharashtra                                       .Respondent


                          Mr. Kuldeep Nikam a/w Mr. Om N. Latpate & Mr. Akash Kamathe,
                          Advocates, for the Applicant.
                          Ms. Savita M. Yadav, APP, for the Respondent- State.

                                                    CORAM:   MADHAV J. JAMDAR, J.
                                                    DATE:    09.07.2024
                          P. C.:

                          1.       Heard Mr. Nikam, learned Counsel appearing for the Applicant

                          and Ms. Yadav, learned APP for the Respondent-State.

                          2.       This regular Bail Application is preferred under Section 439 of

                          the Code of Criminal Procedure, 1973. The relevant details are as

                          follows:

                           1. C. R. No.                         20 of 2023
                           2. Date of registration of F.I.R.    31.03.2023
                           3. Name of Police Station            Cyber City, Pune
                           4. Sections invoked                  419, 420 r/w. 34 of the I.P.C.,
                                                                1860;
                                                                43, 66, and 66(D) of the I.T. Act,
                                                                2000.
                           5. Date of incident                  11.08.2022 to 30.03.2023
                           6. Date of arrest                    04.12.2023
                           7. Date of filing of Charge-sheet 29.01.2024
                           8. Date of filing of                 08.09.2023
                              Supplementary charge sheet


                          3.       The Respondent-State has filed an Affidavit-in-Reply dated 05 th
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 July 2024 of Suresh Tukaram Shinde, Police Inspector, Cyber Police

 Station, Shivaji Nagar, Pune City. The prosecution case is set out in

 paragraph No.6 of the said Affidavit-in-Reply, which reads as under:

 "(a)          That the FIR is lodged by Vikas Chandubhai Makwana
               Residing at the address mentioned in the FIR along with his
               family member and working at Easy Pay Private Limited, Pune
               as a Manager (Legal and Compliance). The complainant say
               that the company provides money transfer, online recharge,
               and Withdrawal to citizens of India for their convenience
               without using the UPI app or online banking facility by going
               to a registered agent of their company and using their own
               Aadhar Card and ATM card to withdraw or send the amount
               from their bank account.
 (b)           The complainant that for business, the current account of said
               company has been opened at Yes Bank. Kalyani Nagar Branch.
               Pune bearing Account No. 042063700000266. It is alleged
               that for a smooth and safe transaction of the business
               turnover of the company, a VPA bearing No. 435111000034 is
               linked to said current account. The said VPA account is used
               for depositing or withdrawing money from the agent's
               account as per the transactions. The company deposits the
               amount in said VPA account as per the need from the said
               current account and the account balance is checked from time
               to time.
 (c)           It is further alleged by the Complainant that the said company
               having a web portal i.e. https://epmoney.easypay.co.in as well
               as a mobile Android app namely Easy pay both are developed
               in house and the said mobile app is available Android play
               store. It is further alleged that the Data collected from the
               web portal and Android application is saved without error. On
               the platform of the portal created by said company to serve
               their customers, employees working in other concerned
               departments perform the work assigned to them as members
               of the Finance Department, Technical Department, Business
               Development Department, and Customer Service Department.
               Agents as well as customers get faster and a better service.
 (d)           It is further alleged by the Complainant that through the said
               mobile application the company mainly provide three mobile
               wallets facilities to the user i.e., AEPS Wallet, ATM Wallet and
               Main wallet. The registered agent can provide an amount in
               cash to customers using their Aadhaar card linked to their
               bank account after the completion of biometric verification.
 (e)           The complainant using the ATM wallet facility, the agents can
               provide customers with the facility to withdraw cash by using
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               their ATM card and its PIN. Also, by using the main wallet
               facility, the agent can provide the facility of cash withdrawal,
               money transfer, online recharge, and using the UPI QR code
               of the customer's bank account or payment wallet and its PIN.
               It is further alleged by the complainant that at the time of the
               above-mentioned transactions, the amount of the transaction
               is deducted from the bank account provided by the customers.
               Thereafter, after programming in the said mobile application,
               that amount is deposited in the said VPA account.
 (f)           The Complainant that the deposited amount is immediately
               reflected in the main wallet of agent's mobile app who have
               provided a service to the customers. But to use the
               accumulated amount reflected in the main wallet, he has to
               transfer said amount to his registered and verified bank
               account. Then the said company pays a commission to that
               agent based on the amount of the transaction done in the said
               app.
 (g)           The complainant that while registering as an agent of said
               company, the person has to mention his name, his shop name,
               residential address, Aadhaar card number, PAN card number,
               email ID, mobile number, IMEI/Android ID of the mobile
               handset, and his bank details in the said mobile application of
               the said company. It is further alleged by the complainant that
               the said data is visible to the employees working in the
               concerned department as per the well-planned automatic
               system. Also, the video of the employee being an agent was
               taken during the KYC verification. Also, he has to show his
               Aadhar and PAN cards, which are saved in the mobile
               application. Also, data such as the latitude and longitude of
               his location at the time of doing KYC is saved in the system.
 (h)           The complainant that once the person fills out the data, as
               stated above, the filled data is retrieved by the person acting
               as an agent along with the data displayed during the KYC
               verification video after the completion of this process the
               person is register as agent. It is further alleged by the
               complainant that currently, two lakh registered agents are
               working with the company.
 (i)           The complainant on 15/11/2022 in the internal meeting of
               the said company, the finance department brought the
               attention of the record the transaction turnover in the VPA
               account is higher than usual, the balance amount the account
               is not sufficient as usual, and the minimum balance level is
               suddenly decreasing. It is further alleged by the complainant
               that the head of the technical department, Shri. Vijay Yadav,
               and his team were asked to do a technical analysis of the
               transaction in that account find the exact reasons.
 (j)           The Complainant that accordingly, the preliminary technical
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               analysis done by the technical team on 22/11/2022. The
               sixty- five registered agents of the said company colluded and
               misused the technical facility through the company's said web
               portal and mobile app to withdrew the amount of the
               transactions for the customers on behalf of the said company.
               Thereafter, said amount is credited to their main wallet of the
               said app, 2, 3, 4, and more mobiles without authorization in
               the mobile app on different mobiles by logging in or accessing
               their login ID, and the amount showing credit in the account
               was transferred to their personal forty-four account.
 (k)           The complainant that since 11/08/2022 sixty-five agents from
               Kolkata, Gaya, Aurangabad, Ballyard, Ghangri, Palsit,
               Banscopa, and Rajvandra cities from state of Bihar,
               Jharkhand, and West Bengal fraudulently transferred
               Rs.3.52,70.210.82 to their accounts.
 (l)           On the basis of the complaint lodged by the Orig.
               Complainant/Informant, offence vide CR No.20/2023
               u/secs.408,419,420,120-B,201,34 of IPC and u/secs.43/66,
               66-D of Information Technology Act was registered at Cyber
               Police Station, Pune City, Dist.: Pune on 31.03.2023 and
               investigation was commenced."


 4.       It is the submission of Mr. Nikam, learned Counsel appearing

 for the Applicant that the cumulative amount of Rs.24,56,870/- was

 transferred to the account of the Applicant from time to time in

 several transactions during 1st August 2022 to 18th June 2023. He

 submitted that the Applicant is not even the agent of the said 'Easy

 Pay Private Limited'. He submitted that although the Applicant's

 account was used for the said offence, however, the Applicant is not

 involved in the said offence. He further submitted that the Applicant

 was arrested on 4th December, 2023. Supplementary Charge sheet has

 already been filed on 29th January, 2024 and he therefore prayed that

 as the investigation is completed the Bail Application be allowed.

 5.       Mr. Nikam, learned Counsel for the Applicant submitted that


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 although in paragraph No.8 of the said Affidavit filed on behalf of

 Respondent-State it is mentioned that the Applicant is an agent of

 said 'Easy Pay Private Limited', having agent as code more

 particularly mentioned in the said paragraph, it is submitted that

 three different agents having same code number had deposited the

 money in question in the account of the Applicant, however, the

 Applicant is not concerned with the said company and that he is not

 an agent of the same.

 6.      On the other hand, Ms. Yadav, learned APP strongly objected to

 grant of bail to the Applicant. She pointed out various contentions

 raised in the Affidavit-in-Reply. She submitted that a huge amount i.e.

 an aggregate amount of Rs.24,56,870/- has been deposited in the

 account of Applicant in several transactions from time to time and

 therefore it is clear that the Applicant is involved in the offence in

 question.

 7.      Perusal of the record shows that the offence was registered on

 31st March 2023, the Applicant was arrested on 4 th December 2023

 and the Charge sheet was filed on 8 th September, 2023 and

 Supplementary Charge sheet was filed on 29 th January 2024.

 Therefore the investigation is completed. There is no progress in the

 trial except for framing of the charge. The trial is likely to take a

 considerably long time.

 8.      The Applicant does not have any criminal antecedents.

 9.      The Applicant does not appear to be at risk of flight.
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 10.     Accordingly, the Applicant can be enlarged on bail by imposing

 conditions.

 11.     In view thereof, the following order:

                                       ORDER

(a) The Applicant - Ayub Alam Bashir Ansari be released on bail in connection with C.R. No.20 of 2023 registered with the Cyber City Police Station, District- Pune on his furnishing P. R. Bond of Rs.25,000/- with one or two local solvent sureties in the like amount.

(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(c) The Applicant shall report to the Cyber City Police Station, District-Pune once every month on the first Sunday between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Manoj Page No.6 ::: Uploaded on - 09/07/2024 ::: Downloaded on - 11/07/2024 04:05:53 ::: 3-BA-1122-2024.doc Complainant or any witness in any manner.

(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

(g) The Applicant shall surrender his passport, if any, to the Investigating Officer.

12. The Bail Application is disposed of accordingly.

13. It is clarified that the Trial Court shall decide the case on its merits, uninfluenced by the prima facie observations made in this order.

[MADHAV J. JAMDAR, J.] Manoj Page No.7 ::: Uploaded on - 09/07/2024 ::: Downloaded on - 11/07/2024 04:05:53 :::