V/s v. Mr.Gagandeep Singh Chhina, AAG, Haryana
Case at a glance
- Decided
- 16 Oct 2024
- Bench
- MANJARI NEHRU KAUL
Outcome
Allowed
Accordingly, the instant petition is allowed and the petitioner be admitted
Provisions considered
- Indian Penal Code, 1860 ss. 34, 419, 420, 467, 468, 471
Key paragraphs
- Para 66. In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of bail to the petitioner. Accordingly, the instant petition is allowed and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of…
Judgment
The petitioner is seeking the concession of bail in second petition filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita,
2023 in case FIR No.0058 of the IPC, 1860 dated 23.10.2023 under Sections 419, 420, 467, 468, 471, 34 of the IPC (Section 120-B of IPC added later on) registered at Police Station PS Cyber Crime Nuh, Tehsil and District Nuh.
Learned counsel for the petitioner submits that after the withdrawal of the previous petition wherein similar relief had been sought, the complainant has been examined. It has been submitted that the entire case of the prosecution rests on documentary evidence and hence further incarceration of the petitioner, who has now been in custody since
23.10.2023, would serve no useful purpose as 10 prosecution witnesses still remain to be examined. POONAM RATHORE 2024.10.16 18:30 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-49896-2024 -2- On a pointed query put to the learned counsel as to whether the petitioner has any previous criminal antecedents, he has categorically replied in the negative.
Per contra, learned State counsel, while opposing the prayer and submissions made by the counsel opposite, has not disputed the custody period of the petitioner as well as the stage of trial. However, learned State counsel has drawn the attention of this Court to the allegations levelled in the FIR in question which has been annexed as Annexure P-2 and stands reproduced herein-under:- “To, Sh. SHO Sahab, Police Station Cyber Crime Nuh. Today I SI Yashpal Number 53/Nuh along with EHC Sajjan 653/Nuh, Constabie Pardeep 566/Nuh, Constable Naveen 3/503 HAP, HGH Murslim 430/Nuh while riding on the Government vehicle No. HR-27-GV-2341 driver EHC Kapil No. 742/Nuh were present on the gate in front of Sohna Alwar Road Anaj Mandi Nuh for preventing Cyber Crime offences, that secret informer while meeting gave information that Azruddin son of Hakmuddin alias Hakam resident of Uttawar, Police Station Uttawar District Palwal, Dilshad son of Liaqat, Sabir son of Asruddin residents of Jharpuri Police Station Police Station Pingawaha District Nuh by putting ad on forged Facebook account for selling mobile phone/camera, AC etc at cheap price by enticing people in their web by committing cheating by getting transferred advance amount in their forged Phone Pay and Google Pay account commits online fraud who for going to Uttawar are standing in front of Nuh Bus Stand.
If raid is conducted promptly than can be caught red handed with mobile phone used in the incident along with forged SIM. I SI by believing the information to be correct by making aware accompanying officials about the information asked the persons commuting to and fro to join the raiding party but all of them by not disclosing their name and address by showing their compulsion went away. Accompanied with secret informer I went to Nuh Bus Stand, than secret informer while signaling towards 3 boys standing there that they are Azruddin, POONAM RATHORE 2024.10.16 18:30 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-49896-2024 -3- Dilshad and Sabbir as aforesaid. That by setting free secret informer I SI as per the signal of the secret informer along with the help of the accompanying officials apprehended aforesaid boys than on asking name and address first one told his name as Azruddin son of Hukumuddin alias Hakam resident of Uttawar Police Station Uttawar District Palwal.
Second one toid his name as Dilshad son of Liaqat resident of Jharpuri Police Station Pingawa District Nuh. Third boy told his name as Sabbir son of Asruddin resident of Jharpuri Police Station Pingawa District Nuh. That from the left pocket of the white colour trousers worn by Azruddin aforesaid one Mobile Phone Mark REALME of black colour was found. On checking of mobile phone its IMEI ΝΟ. 863910042610812/04 in which one SIM VI attached was found. On checking of which Mobile Number [REDACTED] was found. By opening the phone while checking on the Facebook App, log in on the forged Facebook account by the name of RAHUL SINGH, CAMERA A was found. On which in the Facebook ad was found to be given for purchasing of camera. Whatapp Account was found to be logged in from mobile number [REDACTED] whose profile name was I LOVE MY INDIA and photo of some ariny person was found to be displayed. That from the aforesaid Whats App account suspicious chatting and audio calling with several persons regarding commission of fraud by getting the deposit of delivery charges in advance for selling camera at cheaper price were found.
And forged Phone Pay account was found to be log in from mobile number on which several suspicious online transactions were found. Google Pay account was found to be logged in from forged mobile number [REDACTED] on which several suspicious online transactions were found and on checking of gallery of mobile several photos of camera and screenshots were found. That by clicking screenshots of the all by getting the print from the portable printer were consigned into the custody of police vide seizure memo for the purpose of evidence. By getting checked from cyber cell Mobile Number [REDACTED] was found to be registered in the name of SANJAY SO ARUN, 0028 NEAR MANDIR K PAS, ALAPUR, LALITPUR UP 2841122. By getting checked from cyber cell Mobile Number [REDACTED] was found to be POONAM RATHORE 2024.10.16 18:30 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-49896-2024 -4- registered in the name of PUSHPENDER SO MAHESH, 00, DANKAUR, DADRI, DADUPUR, GB NAGAR UP 203201.
Who could not give satisfactory answer about recovered phone and Whats App chats etc. That recovered mobile phone along with SIM vide seizure memo was consigned to the custody of the police vide seizure memo. Seizure memo was prepared individually. That by putting recovered phone in the packet by preparing pulinda of packet was affixed with the stamp of YS. From the right pocket of trousers worn by Sabbir aforesaid one phone Mark OPPO of black colour was found. On checking it by opening IMEI NO. 869897048875891/83 and in which 1 SIM Airtel was found. On checking of which mobile number was [REDACTED]. On getting checked by cyber cell Mobile Number [REDACTED] was found to be registered in the name of SAREEP KHAN SO MAJJU, MOREDA ALWAR RAJ, 301030. On checking of gallery photos of mobile phone, cameras and scanners of QR code was found. That by clicking screenshots of the all by getting the print from the portable printer were consigned into the custody of police vide seizure memo for the purpose of evidence.
That recovered mobile phone along with SIM were consigned into the custody of police vide seizure memo for the purpose of evidence. Seizure memo was prepared individually. That by putting recovered phone in the packet by preparing pulinda of packet was affixed with the stamp of YS. From the right pocket of trousers worn by aforesaid Dilshad one Mobile phone Mark VIVO of red colour was found. By checking it while opening IMEI ΝΟ. 861188046389477/69 in which one SIM Airtel was found. On checking of which mobile number [REDACTED] was found. By checking it from the aid of the cyber cell number [REDACTED] was found be registered in the name of RAJEEV RAM SO SATYA NARAYAN RAM, KUTUBPUR, GANIARI, BARPETA, ASSAM 781302. Whats App account was found to be logged in from mobile number [REDACTED] whose profile name was VIRENDER KUMAR and some national flag photo was found to be added. That from the aforesaid Whats App account suspicious chatting and audio calling with several persons regarding commission of fraud by getting the deposit of delivery charges in advance for selling AC at cheaper price were POONAM RATHORE 2024.10.16 18:30 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-49896-2024 -5- found.
On checking of gallery photos of camera, mobile phone, AC and accounts of QR code etc were found. That by clicking screenshots of all by getting the print from the portable printer were consigned into the custody of police vide seizure memo for the purpose of evidence. Seizure memo was prepared individually. And by putting the recovered phone in the packet by preparing pulinda of packet by affixing from one stamp of YS, after affixing of stamp was consigned to the custody of EHC Kapil 742/Nuh. That accused Azruddin, Dilshad and Sabbir aforesaid in the name of selling mobile phone/ AC, camera at cheaper price by concealing real identity by committing online cheating with the people by grabbing funds through Phone Pay and Google Pay and by using forged SIM have committed offence under Sections 419, 420, 467, 468, 471, 34 IPC on which by preparing noting for the purpose of the registration of the FIR EHC Kapil 742/Nuh is being sent to the Police Station.
Upon which by registering FIR be informed about the number of the FIR and for further investigation of the FIR another Investigating Officer be sent to the place of incident. I SI along with accompanying officials along with the accused along with recovered case property while riding in Government vehicle is occupied in the investigation of the FIR is present at the place of incident. Today: Outside Bus Stand Nuh SI Yashpal 53 Nuh CS PO STAFF PNA Dated 23.10.2023 Time 4.40 PM.” Learned State counsel has submitted that the petitioner had been cheating innocent persons by opening an online account in the name of “I Love My India” and had used the photographs of some defence personnel, and had been alluring the general public on the pretext of selling the electronic goods by undervaluing their rates.
I have heard learned counsel for the parties and perused the relevant material placed on record. POONAM RATHORE 2024.10.16 18:30 I attest to the accuracy and authenticity of this document High Court Chandigarh CRM-M-49896-2024 -6-
The petitioner has been in custody in a magisterial trial for the past almost one year having been arrested on 23.10.2023. The trial would take considerable time to conclude as only 6 prosecution witnesses including the complainant has been examined till date out of the 16 cited. The petitioner, as per instructions received by the learned State counsel, is not involved in any other criminal case. The entire case of the prosecution hinges on documentary evidence.
Operative part
In the facts and circumstances as enumerated hereinabove, this Court deems it fit to extend the concession of bail to the petitioner. Accordingly, the instant petition is allowed and the petitioner be admitted to bail on his furnishing bail/surety bonds to the satisfaction of the Trial Court/Duty Magistrate concerned. However, it is made clear that anything observed hereinabove shall not be construed to be an expression of opinion on the merits of the case.
Needless to add, in case the petitioner misuses the concession of bail granted to him, the State would be at liberty to seek cancellation of the same. October 16, 2024 poonam (MANJARI NEHRU KAUL) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No POONAM RATHORE 2024.10.16 18:30 I attest to the accuracy and authenticity of this document High Court Chandigarh
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the instant petition is allowed and the petitioner be admitted
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 419, 420, 467, 468, 471.
Which court decided this case, and when?
Punjab & Haryana High Court, on 16 Oct 2024. The bench was MANJARI NEHRU KAUL.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.