GOZIE OZIE @ DANIE GOZIE @ DESMO SMOND CHIGOZIE STATE OF HAR v. HARYANA

Judgment

1. By way of this second petition filed u By w filed under Section 439 Cr.P.C., pray ., prayer has been made f ade for grant of regular bail to the to the petitioner in case bearing FI

FIR No.0018 dated 31 ted 31.03.2023 registered under Sectio Sections 419, 420, 120-B IPC (Sectio (Section 66D of IT Act & Act & Section 14 of Foreigners Act s Act added later on) at Police Statio Station Cyber South, Dis th, District Gurugram, wherein the pe the petitioner was implicated with th with the allegations of hav of having provided sim card relating lating to mobile No.8448655863 alon 3 along with Punjab Nati b National Bank Account No.1439200 439200100001393, which were used sed in the fraud commi ommitted upon the complainant. Th nt. The contents of FIR are extracte xtracted hereunder:- MOHMED ATIK 2024.10.22 15:47 I attest to the accuracy and authenticity of this order/judgment "I, Samikshya Subhadarsini, Curre urrent Resident of Pyramid Urban Hom omes, Towe ower 15 1208. Sector 70 Gurgaon on r on rent basis and I'm writing to notify y ify you hat I have profile on Shaadi.com app in that I p in which I have got a request from a b a boy profil rofile on March 2023. So, I accepted the the request and started talking with him him on his W is WhatsApp No 905316279499 but whe when I asked him where are you from th m then e mentioned that he is from Turkey. Then he m Then I felt that it was not right to talk th lk that CRM-M No.4089 of of 2024 (O&M) 2 oy and I stopped talking to him. After th boy a r that, he contacted me again and I start started alking him on 9th March. he introduces h talkin ces himself as Shiva Jadhav from India a ia and orking in Diamond Quality Construction ction LTD, Turkey as project Manager. H er. He nformed me that he will come back to Ind inform o India permanently as he wants to settle ettle in ndia and asked me my home address beca India because he wanted to send some bags to m s to my ddress so, I gave him my home addre ddress to help him. Then I got call fro 448655863 who introduce herself Sunita 8448 nita as custom officer, Mumbai Airport. S rt. She sks me my name and she informed me tha e that some parcel (bags) has been receiv ceived rom Turkey in which lots of dollars whic which is illegal in India so you need to p to pay Rs 38 s 38500/- for custom clearance if you you don't pay then custom and police w ce will rrest you as you have provided your add address. then I paid Rs 38500 / - from m om my CICl Bank A/c No 336301502791 IFSC IC ICIC SC ICIC0003363 on 20 March 2023. Aga Again, got a call from the same lady of custom o I got om office, Mumbai Airport and that time s me she emanded Rs 1,35,000/- for custom certifi rtificate clearance. She Scared me if I do I don't pay t ay the amount then police will send me me behind the bars in money launderi dering ase. Due to fear and pressure I paid Rs case. Rs 1,00,000/- from my Bandhan Bank A nk A/c No 5 o 50200013531796 IFSC BDBL0001331 1331 and Rs 35,000/- from my ICICI Ba I Bank A/c N /c No 336301502791 IFSC ICIC000336 03363 on 21 March 2023. I transferred red all he amount in Punjab National Bank A/ the a k A/c No.1439200100001393, A/c Name ame - Mrs. rs. Lalbiakchhawni, IFSC-Punb014392 43920 on Google pay No 9190893593 59316 rovided by her.”

2. Learned counsel for the petitioner Lear tioner submits that the petitioner is er is in custody for the r the last 01 year and 04 months a nths and investigation already stand stands concluded with th with the filing of challan followed by wed by framing of charges. He furth further submits that the tr he trial is likely to take some time in time in its culmination. Learned couns counsel also submits tha its that the entire fraud in the pre he present FIR relates to a sum o sum of Rs.1,73,500/- only only and no recovery of money has ey has been effected from the petition etitioner and, thus, he dese e deserves the concession of regular ba ular bail.

3. The prayer made on behalf of the The of the petitioner has been opposed b osed by learned State co ate counsel while submitting that that as per investigation, sim car m card pertaining to mob to mobile No.8448655863 was provid provided by the petitioner to the ma he main MOHMED ATIK 2024.10.22 15:47 I attest to the accuracy and authenticity of this order/judgment CRM-M No.4089 of of 2024 (O&M) 3 accused namely I mely Ignatius Nagosine Udekwe along along with the Bank Account where wherein the complainant w inant was made to deposit the amoun amount. Learned State counsel furth l further submits that the he IMEI Number of the mobil mobile phone wherein the sim car im card pertaining to mob to mobile No.8448655863 was being being used has found to be involved olved in 140 FIRs besides esides 2814 complaints and, thus, th us, the petitioner does not deserve th erve the concession of bail of bail.

4. I have heard learned counsel for th I hav for the parties and gone through th ugh the paper book. I am am unable to find substance in t e in the submissions made by learne learned counsel for the pe the petitioner.

5. In the present case, as per reply In th reply filed by the respondent, durin , during investigation, it w , it was found that the sim card pert rd pertaining to mobile No.844865586 655863 was provided by ed by the petitioner to the main accus accused besides even having provide rovided the bank account ccount wherein the complainant was t was made to deposit the amount o ount of fraud and, thus, t thus, the petitioner actively participat ticipated in the commission of offenc offence. Furthermore, as p e, as per investigation, the IMEI num I number of mobile phone wherein th rein the sim card was us as used, has been found to be conn e connected with 140 FIRs and 281 d 2814 complaints which which itself reflects the huge network twork of the petitioner.

6. Such uch kind of cyber crime frauds are uds are going to shake the roots of th s of the economy of the n the nation and also erode confide nfidence and trust of individuals. Suc Such crime is on rise rise day-by-day wherein innocent i cent individuals are being deceived eived in order to extract xtract undue financial gains which which are potentially affecting the g their financial, econom conomical and social stability. These i hese incidents are even diminishing th hing the general public tru blic trust. Also, such kind of fraud t raud through economic transactions tions is MOHMED ATIK 2024.10.22 15:47 I attest to the accuracy and authenticity of this order/judgment CRM-M No.4089 of of 2024 (O&M) 4 definitely going t oing to result in long term economica omical as well as emotional distress stress to the victims and m and may also encourage the dishonest honest intents of such perpetrators.

7. In such circumstances, in the hum In su e humble opinion of this Court, th urt, the petitioner does does not deserve the concession ssion of regular bail at this stag stage. Consequently, the tly, the petition stands dismissed.

8. It is made clear that this order may n It is may not be construed as expression o ssion of an opinion on the on the merits of the case. October 15, 202 Atik , 2024 (HARKESH MANUJA) JUDGE Whe Whether speaking/reasoned Whether reportable Whe Yes/N Yes/No Yes/No Yes/N MOHMED ATIK 2024.10.22 15:47 I attest to the accuracy and authenticity of this order/judgment