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2025 DIGILAW 974 (HP)

Amrit Dass v. State of Himachal Pradesh

2025-05-09

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. Applicant-Amrit Dass, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.33 of 2024, dated 17.12.2024, registered, under Sections 61(2), 318 (4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) and Section 66 D of the Information and Technology Act, (hereinafter referred to as the ‘IT Act’), with Cyber Crime Police Station, Southern Range, Shimla, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case and presently, he is in judicial custody. 3. The applicant has termed the case of the police, registered against him, as false and concocted one. 4. As per the applicant, he is having deep roots in the society, as such, there are no chances of his fleeing away from justice. 5. It is the further case of the applicant that he is sole bread earner of his family, as such, if the bail application is not allowed, his family will face extreme hardship. 6. The applicant has earlier tried his luck by moving similar application before the Court of learned Judicial Magistrate First Class, Court No.IV, Shimla, however, the same was dismissed on 06.01.2025. Thereafter, he has filed bail application before learned Additional Sessions Judge (CBI Court), Shimla, which was also dismissed on 22.01.2025. 7. As per the applicant, he is having no criminal antecedents, as such, no useful purpose would be served by keeping him in the judicial custody, as pre-trial punishment is prohibited under the law. 8. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings, to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail. 9. On the basis of the above facts, a prayer has been made to allow the application. 10. When put to notice, the police has filed the status report disclosing therein, on 17.12.2024, a complaint was forwarded to the Cyber Police Station, District Shimla, by DIG, Cyber Crime, Shimla. 9. On the basis of the above facts, a prayer has been made to allow the application. 10. When put to notice, the police has filed the status report disclosing therein, on 17.12.2024, a complaint was forwarded to the Cyber Police Station, District Shimla, by DIG, Cyber Crime, Shimla. The said complaint was filed by Dr.Ajay Goel, Poonam Nursing Home Trilokpur Road, Kala Amb, District Sirmaur, in which, he has alleged as under:- “Ma'am/Sir, I want to bring to your attention the financial fraud committed against me, amounting to INR 2.7 crore. I request your immediate attention to this matter and help get my life-earned savings back. On 6th November, I was approached by a man who posed to be a senior official with J.P. Morgan Chase Bank (a leading financial markets advisory service in India). While selling his advisory services, he showed proof of over 400 investors who are associated with their India business and how their team generated promising returns on the investments. The head of the brokerage services introduced himself as Sanoke Vishawanathan, who happens to be the actual CEO of J.P. Morgan's International Consumer and Wealth division. Upon seeing this person's profile on social media, I somehow was convinced that this is indeed a reputed organisation I will be investing with. They also showed me their application which their clients used for investing funds and tracking them. Here are the links to their website: jpmsecuikty.com, jpmsledrty.top They then created a WhatsApp group and provided daily buy and sell recommendations for stock market investments. They also me to register on their app through which I can transfer the amount to their account and purchase the stocks from there. Their app was designed to show the investments I have made till now and the profit I have earned so far. Over the past one month, I have transferred INR 2,70,19,316.50 to them via multiple bank transactions (details attached) each time to a different person/entity with a different bank account. My suspicion with them arose when I attempted to withdraw funds from my account. They asked me to pay JPMorgan Chase's internal account usage fee, which is INR 20 lakh, and that would be refunded to my bank account if I joined their senior member's president class (sold as their premium executive service). My suspicion with them arose when I attempted to withdraw funds from my account. They asked me to pay JPMorgan Chase's internal account usage fee, which is INR 20 lakh, and that would be refunded to my bank account if I joined their senior member's president class (sold as their premium executive service). This clearly is a conniving scheme with well-planned details (such as website, executive services) intended to dupe people. I am a reputed Doctor running a nursing home in Kala- Amb, Himachal Pradesh and have transferred my hard-earned savings to these fraudsters. I request your help to get this amount back and bring perpetrators of this crime to justice so that they are not able to fool innocent, law-abiding citizens like me. I have attached the following details with this letter: 1. All my bank accounts from which transactions have been made. 2.All the bank accounts to which amounts have been transferred Kindly note that most of the bank accounts that these fraudsters used are with UCO Bank. This also highlights the weak KYC process at this bank, wherein they have allowed account opening with name 'JPMorgan' 3. All the transaction details 4. Proofs Awaiting a swift investigation and resolution.” 11. On the basis of the above, the police registered the FIR in question, and the criminal machinery swung into motion. 12. Thereafter, the DIG, Cyber Crime, Shimla constituted SIT from the officers/officials of Cyber Police Station, Shimla and Mandi. During investigation, the complaint was uploaded on NCRP portal, through FFD Mode. 13. In order to obtain the consumer application form and CDR of the Whatsapp numbers, request was made to the service provider and the correspondence was also made to the Banks to obtain details of the account holders, who had obtained profit as per the complaint. After receiving those documents, the detail/KYC was perused and in order to ascertain the addresses, as mentioned in the KYC, requisite correspondence was made. 14. On 23.12.2024, Incharge of SIT Basant Singh, ASI Kartar Singh, HC Vivek Sharma and C. Kamlesh, had gone to Gurgaon to inquire about the said fact. 15. During investigation, it was found that on 6.12.2024, complainant transferred a sum of Rs.30,00,000/-, on account of online trading from his account, maintained with ICICI Bank, bearing account No.372905000336, to the Bank Account 3098021001103, maintained with UCO Bank. 16. 15. During investigation, it was found that on 6.12.2024, complainant transferred a sum of Rs.30,00,000/-, on account of online trading from his account, maintained with ICICI Bank, bearing account No.372905000336, to the Bank Account 3098021001103, maintained with UCO Bank. 16. Thereafter, from that account, a sum of Rs.8,37,760/- were transferred on 6.12.2024 to the Bank Account No.50100253457505, maintained with HDFC Bank. As per the record, said account was of Amrit Dass. On 24.12.2024, SIT arrested Amrit Dass (applicant) and along with one Balmohan. They were produced before the Court of learned Judicial Magistrate First Class, Court No.4, Shimla, from where, they were remanded to Police custody till 28.12.2024. 17. On 26.12.2024, accused Balmohan disclosed that the amount of Rs.8,37,000/-, allegedly withdrawn by him, were given to Gaurav Ahuja, and in this way, total sum of Rs.15,00,000/- was given to Gaurav Ahuja in the month of November. He has further disclosed that Gaurav Ahuja, is the same person, to whom, the information regarding arrest of accused Amrit Dass (applicant) was given and Gaurav Ahuja had gone to Shimla in order to pursue the bail application of accused Amrit Dass. 18. Consequently, Gaurav Ahuja was contacted over his mobile No.+9193115-10016. He was directed to join the investigation with Cyber Police Station. Thereafter, he was also arrested on 26.12.2024. 19. As per the status report, during investigation, it has also been found that Gaurav Ahuja further transferred the amount to Pradeep. It is the further case of the police that charge-sheet against three accused has been prepared and submitted in the competent Court of law. 20. In nut shell, it is the case of the police that accused Amrit Dass (applicant) is resident of Jharkhand and is Bachelor of Arts. For the last more than 30 years, he is residing along with his family at Gurgaon. He is having a taxi, bearing HR55AT 7876, which was attached with R1 Company and he is working as Administrator with Chalktree Global School, Sector 57 Gurgaon. Wife of accused Balmohan is looking after the small children in the said School. Children of Gaurav Ahuja, wer also studying in that School. As such, all these three are known to each other. Accused Amrit Dass (applicant) was having a Bank Account in HDFC Branch Sector 47, SS Plaza Gurgaon, bearing account No.50100253457505. Wife of accused Balmohan is looking after the small children in the said School. Children of Gaurav Ahuja, wer also studying in that School. As such, all these three are known to each other. Accused Amrit Dass (applicant) was having a Bank Account in HDFC Branch Sector 47, SS Plaza Gurgaon, bearing account No.50100253457505. The same is his salary account and apart from the salary, the income from the said taxi was also deposited in the said account. 21. During investigation, it was found that the amount of Rs.8,37,000/-, which was found to be transferred in the name of Amrit Dass (applicant), was withdrawn by him, through cheque and was given to accused Balmohan. Accused Balmohan further transferred the said amount to accused Gaurav Ahuja, who has further transferred the said amount to accused Pradeep, who has invested the said amount in USDT. 22. Lastly, it has been stated that no other criminal case has been found to have been registered against the applicant. 23. With these submissions, a prayer has been made to dismiss the application. 24. The investigation, in the present case, is complete and the role allegedly, played by the applicant in the commission of the alleged crime will be proved during the trial. 25. Considering the fact that no other case has been found to have been registered against the applicant, this Court is of the view that the presumption of innocence is still available to the applicant. 26. The bail application cannot be rejected, as a matter of punishment, as, pre-trial punishment is prohibited under the law and punishment can only be imposed, after the full fledged trial, by competent Court of law. 27. Merely, the fact that the applicant is resident of Jharkhand, is too short to decline the relief of bail to the applicant, to which, he is otherwise entitled to. 28. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.33 of 2024, dated 17.12.2024, registered, under Sections 61(2), 318 (4) of the BNS and Section 66 D of the IT Act, with Cyber Crime Police Station, Southern Range Shimla, H.P., on his furnishing personal bond, in the sum of Rs.1,00,000/-, with one surety, in the like amount, to the satisfaction of learned trial Court. 29. 29. This order of release, however, shall be subject to the following conditions :- “a) Applicant shall appear before the I.O., as and when directed by the I.O. to do so and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and d) Applicant shall not leave the territory of India without the prior permission of the Court.” 30. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of the case as these observations are confined only to the disposal of the present bail application. 31. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the bail applicant/petitioner. 32. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Kaithu, District Shimla, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 33. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail Kaithu, District Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, District Jail Kaithu, District Shimla, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.