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.
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