Tushar Arora vs State Of Madhya Pradesh

The applicant has filed this first bail application under Section 439 of the Cr.P.C. for releasing him on bail in connection with Crime No.107/2017

registered at Cyber and High Technical Crime Police Station, Bhopal for committing offences under Sections 419, 468 of the I.P.C. and Sections 66-C

and 66-D of the I.T. Act.

As per prosecution, the present applicant along with other co-accused Himanshu Ravi Arora and stepfather Shri R m Babu Chauhan have opened a

fixing website with intention to extract money from the needy unemployed by obtaining their ATM and OTP numbers on the pretext that such

unemployed youth sh ll be provided gainful employment with multinational companies . The said complaint was filed by one Shruti Dubey, D/o Shri

Anant Kumar Dubey. Further as per the prosecution, she received two telephonic calls from two different mobile numbers and some lady spoke to her

and assured that she is an employee of www.naukaribiz.com for job placement in Bajaj Company Pvt. Limited. It has further been stated that the

complainant has been selected by the aforesaid company and she will be informed that date and place of interview by telephonic instructions.

Accordingly, she paid the amount and the complainant disclosed her personal ATM and OTP code to the aforesaid lady and an amount of Rs.5,510/-

was deducted from the account of complainant.

Thus, on investigation by the Cyber Crime Police Station, Bhopal, it was found that the present applicant, his brother Himanshu Ravi Arora and

stepfather Ram Babu Chauhan are involved in running a fraudulent website in order to extract money from her. It has further been alleged that the

website was being operated by imaginary name of one Shri Rajesh Mishra which is connected with address of present applicant. Thereafter, the

applicant as well as his brother Himanshu Ravi Arora have been arrested.

Learned counsel for the applicant submits that the applicant is a student and he is innocent. The applicant being student was simply sitting in the office

of his stepfather without knowing the complications alleged to have been involved and no allegations has been alleged on the present applicant. He

further submits that other co-accused Himanshu Ravi Arora has already been granted bail by this Court on 17.05.2018 in M.Cr.C. No. 17729/2018. It

is also submitted that the conclusion of trial will take time. In such circumstances, learned counsel for the applicant submits that the bail application be

allowed and the applicant be released on bail.

Learned Government Advocate opposes the aforesaid bail application and she submits that a complaint of similar nature has also been registered

against the applicant at Hyderabad. Pradesh After hearing arguments of the parties and looking to the whole facts and circumstances of the case, I

am of the considered view that it would be appropriate to release the applicant on bail, the efo e, without commenting on the merits of the case,

application of the present applicant namely, Himanshu Ravi Arora under Section 439 of the Cr. .C. seems to be acceptable. Consequently, it is hereby

allowed.

It is directed that applicant be released on bail on his furnishing a bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the

same amount to the satisfaction of the JMFC concerned or trial Court for his appearance be ore them on the dates given by the concerned Court. It is

further directed that the applicant shall comply the provisions of Section 437(3) of he Cr.P.C.

Certified copy as per rules.