Dismissed¶27

MD Afzal Hussain v. State of Punjab

Punjab & Haryana HC21 May 2025CRM-M/5450/2025

Case brief

AI extract

What is this about?

CRM-M-5450-2025 (O&M); Md. Afzal Hussain v. State of Punjab; High Court of Punjab and Haryana; pre-arrest/anticipatory bail; Section 482 BNSS; FIR No.0265 dated 14.10.2022; Sections 420 & 120-B IPC; Section 66C Information Technology Act; cyber fraud; Mobikwik wallet; bank account No.20012100579717; State Bank of Mauritius; Jamila Bibi; custodial interrogation; petition dismissed 21.05.2025; Mahabir Singh Sindhu, J.

What did the court decide?

On the material on record, prima facie the matter appears to be a cyber fraud: money went from a Mobikwik wallet into bank account No.20012100579717 existing in the petitioner's name, whose attached mobile number belongs to co-accused Jamila Bibi; custodial interrogation of the petitioner is very much necessary to reveal the true facts, and pre-arrest bail is consequently declined. ¶26

MD Afzal Hussain Vs State of Punjab — Cheating and Forgery | Punjab & Haryana HC (2025)

¶1

CRM-M-5450-2025

¶2

205

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CRM-M-5450-2025 (O&M) Date of decision : 21.05.2025

Md. Afzal Hussain

..Petitioner

Versus

State of Punjab ...Respondent

¶9

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

¶10

Present: Mr. Gagan Oberoi, Advocate for the petitioner.

¶11

Ms. Manjot Kaur, AAG, Punjab.

¶12

MAHABIR SINGH SINDHU, J.

¶13

Present petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( for short, ‘the B.N.S.S.’ ) has been filed for grant of pre-arrest bail to the petitioner in FIR No.0265 dated 14.10.2022, under Sections 420 and 120-B of Indian Penal Code, 1860 (for short ‘IPC’) and Section 66C of the Information Technology Act, 2000, registered at Police Station Division No.06, Ludhiana. 2 Allegations are that petitioner along with co-accused, namely, Jamila Bibi had cheated and defrauded the de facto complainant to the tune of Rs.99,025/- on the pretext of offering 20% discount on his credit card.

¶14

Contends that petitioner is neither named in the FIR nor he has played any role in the commission of alleged crime; thus, he has been falsely implicated in the present case.

¶15

DIWAKER GULATI 2025.05.23 19:49 I attest to the accuracy and integrity of this document

¶16

-1-

¶17

CRM-M-5450-2025

¶18

3.1 Further contends that although bank account No.20012100579717 is opened in the name of petitioner with the State Bank of Mauritius; but he has no concern with the same nor he has opened the same at any point of time. Even the mobile number furnished while opening the bank account also belongs to one Jamila Bibi Noapara, who is stated to be resident of West Bengal; but having no connection in any manner with the petitioner.

¶19

3.2 Also contends that someone might have misused his identity and opened the bank account; but in any case he is having no concern with the alleged bank account.

¶20

3.3 Lastly contends that there was no email ID registered with the bank account.

¶21

Per contra , learned State counsel while opposing the prayer submits that money, at the first instance, has gone into the Mobikwik wallet and thereafter, it was transferred in the account No.20012100579717 which concededly belongs to the petitioner. If at all, he is raising any plea that the account does not belong to him would be a matter of trial; thus, at this stage, his custodial interrogation is very much necessary to know the true facts of the case. She also submits that even the mobile number which was given while opening the bank account belongs one Jamila Bibi, who is resident of West Bengal; thus, it is a big racket running the said fraud.

¶22

Heard learned counsel for the parties and perused the paper-book.

¶23

DIWAKER GULATI 2025.05.23 19:49 I attest to the accuracy and integrity of this document

¶24

-2-

¶25

CRM-M-5450-2025

¶26

There is no dispute that petitioner was not named in the FIR; rather his name surfaced during investigation after verifying the bank account No. 20012100579717, where money has ultimately gone from the Mobikwik Wallet and as on today, the account is existing in the name of present petitioner. The mobile number No.90731-99065 attached with the above bank account belongs to one Jamila Bibi (co-accused), who happens to be the resident of West Bengal; thus, prima facie , it seems to be a cyber fraud and as such, custodial interrogation of the petitioner would be very much necessary to reveal the true facts.

¶27