Rajkumar Narang vs State Of Madhya Pradesh

Sunita Yadav, J

This is second application filed by the applicant under Section 439 of the CrPC for grant of bail relating to FIR No. 121 of 2023 registered at Police Station Cyber and Hytech Crime, District Gwalior (M.P.) for the offence under Sections 420, 120-B, 204 of IPC & Section 66-D of IT Act. First application was dismissed as withdrawn vide order dated 11.01.2024 passed in M.Cr.C. No.57193/2023 with liberty to revive the prayer after filing of the charge-sheet.

Prosecution story in short is that on 06.07.2023, the complainant received a WhatsApp call from the number 8978755224, where the caller informed the complainant about a part-time job opportunity. The caller explained that by subscribing to YouTube channels through provided links and completing tasks, the complainant could earn extra income. After subscribing to three links, the complainant received a payment of Rs.150/- in his Kotak Mahindra Bank account. The caller then directed him to join Telegram for further instructions, providing a link to a financial receptionist.

After joining the Telegram group, a code was given to him i.e (@OgVeda) to send to the financial receptionist. Following this, the complainant shared his Kotak Bank account details. The caller instructed him to complete various tasks, including subscribing to YouTube channels and participating in trading activities. For each task completed, he received payments ranging from Rs.20/- to Rs.3,000/-

Later on he was asked to register on a trading platform (http://mbbo6.vip) and send Rs.5,000/- for trading purposes. Subsequent transactions involved sending money to various accounts provided by the caller. Eventually, the caller asked for a larger sum, and when the complainant refused, he was removed from the group. The entire process resulted in financial losses, and the complainant was left without the promised earnings. On the basis of aforesaid facts and circumstances, an FIR was lodged bearing Crime No. 121/2023, under Sections 420, 120-B, 204 of IPC & Section 66-D of IT Act.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Further submission is that only one mobile phone has been seized from the applicant/accused, however, there is no evidence that the same mobile was used to commit the offence. Further submission is that the account holder from which the transaction has been done belongs to Som Estate Agency, proprietor Mahesh Sharma & M/S Whitemoon International proprietor Pradeep Singh Negi who are the main accused. Further submission is that there is no evidence that applicant/accused has received the money from the alleged transaction. Applicant was arrested in another crime by Chandigarh Police bearing crime no.78/2023 and thereafter he was arrayed as an accused in this case without having any evidence against him. The applicant is in custody since 30.11.2023. After conclusion of investigation, charge-sheet has already been filed in respect to present applicant/accused, therefore, there is no requirement of further custodial interrogation of the applicant. Applicant is the permanent resident of New Delhi and there is no possibility of his absconsion or tampering with the prosecution evidence. He is ready to abide by all the terms and conditions imposed by this Court while granting bail. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.100,000/- (Rupees One Lakh only) with two local solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench;

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.