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[Cites 4, Cited by 0]

Bombay High Court

Dhruv Agarwal vs The State Of Maharashtra on 9 July, 2024

Author: N. J. Jamadar

Bench: N. J. Jamadar

2024:BHC-AS:27398

                                                                                       11-aba-3150-2023.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                       ANTICIPATORY BAIL APPLICATION NO.3150 OF 2023

             Dhruv Agarwal                                                    ...Applicant
                        vs.
             The State of Maharashtra                                         ...Respondent

             Mr. Niteen Pradhan a/w. Ms. Shubhada Khot, for the Applicant.
             Mr. A.A. Naik, APP, for the Respondent/State.
             Mr. Rameshwar Rewale, PSI, Chandan Nagar police station.

                                                 CORAM :   N. J. JAMADAR, J.
                                                 DATE :    JULY 09, 2024

             P.C.:

             1.      Heard the learned counsel for the parties.

             2.      This is an application for pre-arrest bail in connection with CR

             No. 251 of 2023 registered with Chandan Nagar police station, Pune

             for the offences punishable under sections 409, 419 and 420 read

             with 34 of Indian Penal Code, 1860 (the Penal Code) and sections

             66C and 66D of the Information Technology Act, 2000.

             3.      When the application was listed before the Court on 7 th

             November, 2023, this Court was persuaded to grant interim bail.

             The observations in paragraph Nos. 3 to 7, encapsulate in brief, the

             prosecution case, the claim of the applicant and the resistance

             thereto on behalf of the prosecution and the reasons which weighed

             with this Court in granting the interim bail. They read as under:-




             Vishal Parekar                                                                            ...1




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            3] The first informant lodged a report with the
            allegations that unknown persons induced him to
            transfer the amount to various accounts by making a
            representation that if he executes the task, he will get
            profit. Initially, small amounts were credited to the
            account of the first informant to make him repose
            confidence in them. Later on, by making the first
            informant invest large amounts, those persons duped
            him to the tune of Rs.24,93,000/-.
            4] One of the accounts, to which the money
            transferred by the first informant got credited was of
            Aarti Creation. It transpired that a sum of
            Rs.10,00,000/- came to be transferred to the account
            of the applicant from the account of Aarti Creation.
            The applicant, thus, apprehends arrest.
            5] The learned Counsel for the applicant submitted
            that when the said amount was credited to the
            account of the applicant, the applicant, on his own,
            had approached the police authorities seeking their
            assistance. Attention of the Court was invited to the
            e-mails dated 12th July, 2023 and 19th July, 2023
            (Exhibit-G and H) addressed to the concerned police
            officer. In the later e-mail i.e. specific reference to the
            amount credited from the account Aarti Creation was
            made.
            6] It was submitted that the applicant trades in crypto
            currency and has received the said amount towards
            the sale of the crypto currency.
            7] Prima facie, it appears that the role attributed to
            the applicant is that of receiving the amount from the
            account, to which the first informant was fraudulently
            induced to credit the amount. As there is material to
            show that the applicant had approached the police
            authorities, the question as to whether the applicant
            has been a privy to the alleged fraud warrants
            consideration.


4.      Mr. Pradhan, the learned counsel for the applicant, submitted

that pursuant to the aforesaid order, the applicant has appeared

before      the      investigating   officer   and   cooperated           with       the



Vishal Parekar                                                                           ...2




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investigation. Further investigation has not revealed the complicity

of the applicant. Therefore, the aforesaid order of interim bail

deserves to be made absolute.

5.      In opposition to this, Mr. Naik, learned APP, resisted the

prayer for bail. It was submitted that the banks have flagged a

number of suspicious transactions in the accounts maintained by

the applicant. There is material to indicate that a sum of Rs. 10

lakhs was credited to the account of the applicant by Aarti Creation;

to which account the first informant was induced to credit the

amount by making a false representation that the first informant

would get lucrative returns. Mr. Naik submitted that immediately

after the said amount was credited by Aarti Creation, the applicant

further transferred the amount. Therefore, to facilitate further

investigation, the custodial interrogation of the applicant is

warranted.

6.      I have carefully considered the submissions in the light of the

material on record.

7.      The applicant claims to be a bonafide trader in crypto

currency. The applicant claimed that the said amount of Rs. 10

lakhs was credited to the account of the applicant by the person to

whom he had sold the crypto currency. The applicant has placed on


Vishal Parekar                                                                    ...3




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record the documents, including the confirmation letters from

Binance, the online platform for trade in crypto currency to the

effect that the applicant had sold the crypto currency in two

tranches in consideration of Rs. 5 lakhs each. The statement of

account of the applicant, prima facie, indicates that the amounts

were credited to the account of the applicant, in proximity to the

said transactions. It further appears that after the account of the

applicant were freezed, the applicant approached Jadavpur police

station with a complaint that there were unauthorized transactions

in his account and the persons who credited the amount in his

account were demanding money from him.

8.      The learned Additional Session Judge was of the view that the

aforesaid material especially the confirmation letter issued by the

Binance cannot be relied upon in the absence of a certificate under

section 65B of the Evidence Act, 1872.

9.      I am afraid, the aforesaid approach may not be justifiable, at

this stage. Prima facie, it appears that the letters of confirmation

issued by Binance co-relate with the credit of the amount of Rs. 10

lakhs in the account of the applicant. The fact that the applicant

had subsequently utilized and/or transferred the said amount

received from Arti Creation does not prima facie bear upon the

complicity of the applicant as there are underlying transactions of

Vishal Parekar                                                                    ...4




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trade in crypto currency. Moreover, there is material to indicate

that the applicant had approached Jadavpur police as well as

addressed communication to the police officer, Chandan Nagar

police station. These factors cumulatively make out a strong prima

facie case for exercise of discretion in favour of the applicant.

10.      I am, therefore, inclined to make the order of interim bail

absolute.

                 Hence, the following order.




                                         ORDER

1] The order of interim bail dated 7 th November, 2023 is made absolute on the terms and conditions incorporated therein. 2] In addition, the applicant shall henceforth appear before the investigating officer as and when directed. 3] In the event charge sheet is lodged, the applicant shall regularly attend the proceedings before the jurisdictional Court.

Application disposed.




                                               (N. J. JAMADAR, J.)




Vishal Parekar                                                                        ...5




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