Regular bail in a cyber-fraud FIR under Sections 420 and 120-B IPC where the petitioner allegedly supplied bank accounts to cyber fraudsters as a money mule, receiving commission on Rs.7,60,000 transferred from the complainant. Noting about four months' custody and the penal provisions, the court granted bail without commenting on merits.
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CRM-M-31999-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-31999-2024 Reserved on: 04.09.2024 Pronounced on: 24.09.2024
Sushil Kumar
...Pe��oner
Versus
State of Haryana
…Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Jitender K.Sehrawat, Advocate, for the pe��oner.
Mr. Vikrant Pamboo, Sr. DAG, Haryana.
Ms. Pallavi Babbar, Advocate, for the complainant.
ANOOP CHITKARA, J.
| FIR No. | Dated | Police Sta/on | Sec/ons |
|---|---|---|---|
| 23 | 19.02.2024 | Cyber Crime, NIT Faridabad, | 420, 120-B IPC |
| Dis4. Faridabad |
JYOTI 2024.09.25 10:03 I attest to the accuracy and integrity of this order/judgment.
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CRM-M-31999-2024
her Aadhar number had been given as a proof of iden�fica�on with the parcel that contained the contraband. The police personal asked her as to how she is related with this gang, which was being run by Sanjay Pa�l. He also told her that this gang is also indulging in money laundering and smuggling of human beings. Therea9er, he told her that the case is being transferred to CBI and she would have to talk with them. A9er that, a telephone came from a person, who disclosed his name as Anil Yadav and asked her to join him on telegram app. This person added her on telegram in the name of Cyber Police Lucknow. The ID of Anil Yadav was @CBIofficer_yadavanil. She was threatened for her life and family. A9er that he showed order passed by Magistrate to her and asked her that the money that was in her account would have to be transferred to the Notary and started forcing her to transfer all the money through RTGS in different accounts. The details of money which were sent through RTGS have been
men�oned below.
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That on the basis of this complaint, FIR No. 23/2024 u/s 420, 120-B, IPC PS Cyber Crime NIT, Faridabad, was lodged and inves�ga�on was ini�ated. (4) It is also per�nent men�on here that during the course of inves�ga�on, the bank account no 258750980869 which was in the name of NNJ Traders was found to be used in FIR No. 23/2024. 7,60,000 Rupees were found to be transferred in this account which were further transferred to other accounts. SIM No. 8750980869 was registered in the account of NNJ Traders. It is respecBully submiCed that technical work
JYOTI 2024.09.25 10:03 I attest to the accuracy and integrity of this order/judgment.
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CRM-M-31999-2024
was completed and a9er collec�ng sufficient evidence against the pe��oner, he was arrested in the present case on 19.03.2024. He was also interrogated by the inves�ga�ng officer upon which, he has suffered his disclosure statement without any pressure and admiCed to the commission of crime. A copy of disclosure statement is annexed as Annexure R-1. He has got recovered one mobile phone Marka oppo IMEI No. 862892060080873 & 862892060080865 in which SIM no 8750980869 (registered SIM in the account of NNJ Traders) was inserted when the sum of 7,60,000 Rupees was received and transferred to other accounts.”
It is relevant to men�on here that the pe��oner was at his house and he received a call from Imran, who met him in Bombay during the lockdown, who asked for his bank account and told him about using the bank account for commiIng fraud and chea�ng. He gave 6-7 bank accounts to Imran and used to take a percentage of the sum received in the account in return for providing bank accounts. Then he started providing bank accounts to many other people by contac�ng them through Telegram. Fraudulent amount used to come into those bank accounts and In lieu of providing bank accounts, he used to take 1.5%, commission. In the present case, the pe��oner received the bank account of NNJ Traders, Indusind Bank from Abhay Aggarwal, a resident of Delhi through Pintu, a resident of Saharsa, Bihar and further gave it to Sanjeet resident of Sonipat at 1.5%. The pe��oner has paid Rs. 1,00,000/-, to co-accused Abhay Aggarwal who was arrested on 20.03.2024 a9er collec�ng sufficient evidence against him. In this case, the pe��oner has received Rs.11,400/for the transac�on amoun�ng to Rs.7,60,000/- from the complainant. It is also per�nent to men�on that this account of NNJ Traders received 1,97,83,094 Rupees in 2 days when the said account was being operated by the pe��oner.
B. The evidence against the pe��oner :-
JYOTI
2024.09.25 10:03 I attest to the accuracy and integrity of this order/judgment.
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CRM-M-31999-2024
It is also significant to men�on here that during the course of inves�ga�on of the present case, cogent, reliable and consistent evidence have come forth against the pe��oner. He was arrested in the present case on 19.03.2024 during the course of inves�ga�on. He has got recovered one mobile phone Marka oppo IMEI No. 862892060080873 & 862892060080865 in which SIM no 8750980869 (registered SIM in the account of NNJ Traders) was inserted when the sum of 7,60,000 Rupees was received and transferred to other accounts.”
JYOTI 2024.09.25 10:03 I attest to the accuracy and integrity of this order/judgment.
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CRM-M-31999-2024
concerned Court(s) on all dates. The pe��oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.
(ANOOP CHITKARA) JUDGE 24.09.2024 Jyo�-II Whether speaking/reasoned: Yes Whether reportable: No.
JYOTI 2024.09.25 10:03 I attest to the accuracy and integrity of this order/judgment.
5
1 issue framed by the court
Whether the accused, alleged to be a money mule providing bank accounts for a cyber-fraud of Rs.7,60,000, should be released on regular bail under Section 439 CrPC.
2 provisions across 2 enactments
Sushil Kumar
State of Haryana
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
