Rafiq Abdul Majeed Sheikh @ Rafiq Vs State of Odisha

F.I.R No.	Dated	Police Station	Case No. and Courts’ Name	Sections
30	26.11.2023	Cyber Crime (CID)	C.T. Case No.1950 of 2023 pending in the Court of learned S.D.J.M., Bhubaneswar	Sections- 419/420/465/ 467/471/120- B/ 34 of the IPC read with Sections-66- C/66-D of the I.T. Act.

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This matter is taken up through a hybrid arrangement.

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The Petitioner, who is in custody in connection with Cyber Crime (CID) P.S. Case No. 30 of 2023, corresponding to C.T. Case No.1950 of 2023 pending in the Court of learned S.D.J.M., Bhubaneswar, registered for the alleged commission of offences

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under Sections-419/420/465/ 467/471/120-B/ 34 of the IPC read with Sections-66-C/66-D of the I.T. Act., has filed this petition seeking his release on bail.

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The brief fact of the case is that on 26.11.2023 the informant lodged a written report before the Cyber Crime (CID) P.S., Bhubaneswar that on 4th November, 2023, the informant received Whatsapp message from Mobile No.8809305665 about the investment in Trading App in the name and style of https://h5.fygold.top; wherein there was an assurance of return of Rs.2 crore by investing Rs.20 lakh. Around 40 members were there in that group and there was a teacher named Robert Black who was guiding all the participants to do CNG trading and helping them in earning profits. When the informant reached at the target of Rs.2 crore, they told him to deposit 10% foreign exchange tax amount of Rs.20 lakh. Accordingly, he was deposited the same, then they asked that since he had earned profit in excess of Rs.2 crore, he needs to pay a penalty of 5% on profits amount to Rs.14 lakh, which he also deposited. But, since the informant took three to four days to arrange the money, the fraudsters informed him that as he could not deposit the violation amount of 5% within 48 hours, the amount had been transferred to a foreign exchange company for safety. The informant inquired about the next step, then he came to know from them that he had to pay 10%

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conversion fees for converting the dollars into INR which was again paid by him. The informant paid the conversion fees, but the fraudsters had frozen the account of the informant and started asking him for another 5% amount for unfreezing. Thus, the informant suspected that he had been cheated by the fraudsters and hence reported the matter. Hence, this case.

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Learned counsel for the Petitioner submits that the Petitioner has no way connected with the alleged offences, but he has been falsely implicated in this case. He further submits that the Petitioner has no complicity with the alleged crime, nor as he has done any overt-act in the eye of law. Nothing incriminating materials have been recovered from the possession of the Petitioner. He further submits that the Petitioner is in custody since 01.05.2024. Hence, he submits that the Petitioner may be enlarged on bail.

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Learned counsel for the State vehemently opposes the bail prayer of the Petitioner. He further submits that the Petitioner being the outsider, grant of bail at this stage of trial is likely to be pushed the completion of trial to uncertainty.

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Without going into the merit of the case and considering the facts and submission made and the period of detention of the Petitioner in custody, prayer of the petitioner is allowed. Accordingly, it is directed that the Petitioner be released on bail in connection with

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the above mentioned case subject to furnishing a bail bond of Rs.1,00,000/-(Rupees one lakh) with two local solvent sureties for the like amount to the satisfaction of the court in seisin over the matter, who shall be at liberty to impose such other suitable conditions as deemed just and proper with further conditions that:-

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i. the Petitioner shall appear before the trial court on each date of posting of the case till conclusion of the trial without fail;

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ii. the Petitioner shall not indulge himself in any criminal offence while on bail;

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iii. the Petitioner shall appear before the local P.S. i.e. at Vejalpur P.S. in the District of Ahmedabad, Gujarat, once in a week i.e. on every Monday in between 10 am to 2 pm till conclusion of the trial.

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Violation of any of the above conditions shall lead to the cancellation of the bail.

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The BLAPL is accordingly disposed of.

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Signature Not Verified (Dr. S.K. Panigrahi) Judge Digitally SignedSigned by: NARAYAN HO Reason: Authentication Narayan Location: OHC Date: 15-May-2025 11:00:58

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Rafiq Abdul Majeed Sheikh @ Rafiq v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rafiq Abdul Majeed Sheikh @ Rafiq v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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