Zeeshan Ahmed S/o Late Noor Mohannad Aged About 33 Years R/o 477/27 Sitapur Road v. State Of Chhattisgarh Through Aarakshi Kendra Cyber Police Thana Range Raipur Distt. Raipur C.G
Case Details
1 2025:CGHC:8690 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 193 of 2025 Zeeshan Ahmed S/o Late Noor Mohannad Aged About 33 Years R/o 477/27 Sitapur Road Reti Mohhala Mdehganj Khadra Nirala Nagar Diguriya Lacknow U.P. ... Applicant versus State Of Chhattisgarh Through Aarakshi Kendra Cyber Police Thana Range Raipur Distt. Raipur C.G. ... Non-applicant For Applicant
Legal Reasoning
: Mr. Vikash A. Shrivastava, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 19/02/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 322/2024 registered at Police Station – Aarakshi Kendra Cyber Police Thana Range Raipur, District – Raipur (C.G.) for the offence punishable under Sections 318(4) of BNS. 2. Prosecution case in brief is that on 04/10/2024, the complainant RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 lodged a written complaint before the P.S. Devendranagar Raipur stating therein that some persons adding him and his wife in a group on a whats app through which they have provided tips for treading in share market thereafter they told them to open an demat account in dhalwa securities company because their demate accounts are more advanced thereafter complainant and his wife open the account thereafter they advised them to invest in IPO and for the purpose of that IPO, complainant and his wife taken loan from bank and invest the same and when they sold those share and made an request for withdrawal accused persons not gave the money. Upon receiving such complaint FIR has been registered and during the course of investigation account No. of the bank in which complaint has deposited the amount was traced same as been related to the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has no connection with the alleged crime whatsoever. He further submits that in the instant case, present applicant has no knowledge about the transaction and when this fact came into his knowledge, he immediately informed the bank and demanded all relevant documents related to that transaction but till date Bank OfÏcers have not provided the same. He further submits that the allegation against the present applicant in the present FIR that an unaccounted money of Rs. 4,00,000/- was transferred in the account of the applicant by the co-accused out of 94,00,000/- and it is stated that the applicant has made several complaints to his bank regarding the crime committed against him, 3 but no information is being given to the applicant with respect to the transaction taking place from his account of the concerned Bank. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant. 5. On 04.02.2025, this Court had directed the Investigating Officer concerned to file an affidavit disclosing the evidence collected against the applicant. In pursuance thereof, the I.O. has filed a detailed affidavit disclosing involvement of the applicant herein. The relevant portion of the affidavit reads as under:- (i) It is respectfully submits that in compliance of the order dated 04/02/2025, the deponent hereby submits that the complainant Ashish Krishnani lodged FIR at Police Station Devendra Nagar, Raipur to the effect that he was added to a WhatsApp group named Global Al 9115 Intelligence Stock Market Competition. Thereafter he was removed from that group and added to another WhatsApp group named VIP 568 Al Smart Stock Discussion Group which had about 186 members. In this group, some stock investment tips were given and some members of this group also shared their reviews that they are getting good profit. Subsequently he was asked to open a Demat account of Daiwa Securities Company through this group because according to them this demat account is quite advanced. After some time an information was received about the IPO of a company and said that we have signed a contract agreement with the management of that company and they will allot us more shares but for that he was asked to invest at least 2 crore rupees. The complainant further alleged that ultimately Rs. 82,50,000/-was deposited by him to the accounts suggested by the accused persons and the complainant requested to return his amount then the accused 4 person refused to return the same therefore the complainant was cheated by the accused persons. (ii) The deponent hereby submits that after registration of the FIR, the investigation was commenced. During course of investigation it has been revealed that on 10/08/2024 an amount of 2,00,000/- was deposited in the account of Firm Carft Artitions of Bandhan bank account No. 20100029558158 firm of present applicant. Similarly an amount of Rs. 1,00,000/- was also deposited in the above bank on 15/08/2024. On 16/08/2024, Rs. 1,00,000/- total Rs. 4,00,000/-was deposited by the complainant at the instance of accused persons in the aforesaid bandhan bank account of the present applicant. (iii) It is relevant to mention here that the against the aforesaid bank account i.e. Bandhan Bank of accused/applicant, total 48 online cyber fraud has been registered in the Cyber Portal of 14 C Ministry of Home in the different States. It is further respectfully submitted by the deponent that earlier a notice U/s 35(3) of B.N.S.S. was sent to the applicant but no response has been received and also not coming in the concerned police station. Copy of cyber portal report is annexed herewith as ANNEXURE R/1. (iv) It is pertinent to mention here that total 48 online cyber frauds were registered against the same account which belongs to the applicant but the applicant placed only the complaint relates to the present crime and keep mum about other 47 cyber frauds which is registered in the different States of India. (v) The deponent has further submitted that in respect of present applicant matter is under investigation and arrest of the applicant is required for collecting further material against him and also his associates. It is humbly submitted by the deponent that the account which is alleged in crime is opened by the applicant in the name of his company, all documents relates to opening the account alongwith the mobile number is submitted by himself and number of crime were registered against the account which is well in the knowledge of the applicant, which proves the involvement of the applicant in aforesaid crime.” 5 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, also considering the allegation against the applicant and the afÏdavit filed by the Superintendent of Police, Raipur and further the fact that an unaccounted money of Rs. 4,00,000/- was transferred in the account of the applicant by co- accused out of Rs. 94,00,000/- for whic, he made several complaints to his Bank regarding the crime committed against him, but no information is being given to the applicant with respect to the transaction taking place from his account of the concerned bank and further it appears that there is no any cogent evidence to show the involvement of the applicant in the instant case, therefore, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Zeeshan Ahmed on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. 6 (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan