State Of Rajasthan, Through PP v. Connected

: Mr. Hemant Kumar Sharma Mr. O.P. Solanki For Respondent(s) : Mr. Amit Kumar Gupta, PP with Mr. Tapesh Agarwal, PP & Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 11/06/2025 Order

1. These applications for bail filed under Section 483 of B.N.S.S. by the applicants-accused Rajkumar S/o Shri Jile Singh Sharma & Uppalapuvu Vinay Kumar S/o Mohanrao Uppalapuvu, in FIR No.389/2024 dated 17.11.2024 registered at P.S. Special Crime and Cyber Crime, Commissionerate, Jaipur, whereby the [2025:RJ-JP:23095] (2 of 5) [CRLMB-5049/2025] applicants-accused have charged under Sections 318(4), 319(2), 316(2), 61(2)(b) of B.N.S. and under Section 66-C & 66-D of I.T. Act.

2. The applicants Rajkumar S/o Shri Jile Singh Sharma & Uppalapuvu Vinay Kumar S/o Mohanrao Uppalapuvu were arrested during investigation and in judicial custody since then. The Court below has dismissed the bail applications of both accused.

3. Learned counsel for the applicants relying upon grounds raised in bail applications submits that the applicants are innocent and falsely implicated in the present case. Further he submitted that the investigation relating to present applicants-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicants- accused are required for further investigation, the applicants- accused will be available for such investigation. He also submitted that the trial will take its own time and no purpose will be served by keeping the applicants-accused in custody.

4. Learned counsel for the applicant Rajkumar, submitted that this applicant-accused is a victim and his documents were procured by co-accused and thereafter, bank accounts were opened and operated by the applicant-accused. He further submitted that this applicant-accused has no connection with any of incident of online cheating. He further submitted that as per the allegation, the I.P. addresses used in cheating were of Cambodia (out of India) and this applicant has never visited any place out of India. He also submitted that as per the transaction, ₹10,00,000/- was transferred to personal account of this applicant-accused but [2025:RJ-JP:23095] (3 of 5) [CRLMB-5049/2025] the same was withdrawn by a syndicate of accused and no money was paid to this applicant.

5. Learned counsel for the applicant-accused Uppalapuvu Vinay Kumar S/o Mohanrao Uppalapuvu, has submitted that this applicant was lured over to development of business and his documents were procured for M.S.M.E. but these documents were used by syndicate operating in activities of online gaming and cheating with cyber crime. He further submitted that this applicant-accused never remained a part of any criminal activity either online or offline. He also submitted that the applicant- accused has not made any attempt to cheat or participate in any of the activity as named by the police. He further submitted that the investigation is already complete and a charge-sheet has been filed and the matter is triable by Magistrate of First Class.

6. Aforesaid contentions were opposed by learned Public Prosecutor.

7. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

8. On the basis of report filed by Rakesh Verma on

17..11.2024, about fraud and cheating by Cyber Crime on S.M.C. site, F.I.R. was registered and police has investigated the case. During investigation, police has found that internet source to commit crime was used in Cambodia and the money was transferred to local bank accounts in the name of different persons but within India. The police has found that ₹10,00,000/- was transacted in bank account of applicant-accused Rajkumar [2025:RJ-JP:23095] (4 of 5) [CRLMB-5049/2025] (present petitioner), thereafter, a charge-sheet has been filed against the applicant-accused Rajkumar & others and kept pending against others. During further investigation, it was found that current account in the name of PVR Aqua Entreprises was opened in Katholic Seriyan Bank, with 70 per cent partnership of Palli Venkata Ramanujaneyulu and 30 per cent of Uppalapuvu Vinay Kumar S/o Mohanrao Uppalapuvu. The police has found that there is a total transaction of ₹1,42,80,427.60/- in the current account, jointly operated by present applicant-accused Uppalapuvu Vinay Kumar S/o Mohanrao Uppalapuvu and Pallivenkata. After investigation, police has filed charge-sheet against this applicant-accused as well.

9. A persual of record indicate that there is one more case against the applicant-accused Uppalapuvu Vinay Kumar S/o Mohanrao Uppalapuvu and that relates to assault but there is no criminal antecedents against the applicant-accused Rajkumar. The material on record clearly suggested that the account of applicant- accused Rajkumar, was used for the purpose of receiving money from bank account of victim. The applicant-accused has claimed that he worked as a facilitator. The interrogation note clearly suggest that this applicant is having more bank accounts and same were used for similar purposes. It reveals that in S.B.I. account ₹44.5 lacs were transacted whereas in two bank account of UCO Bank were used to transact ₹6.16 crore. There is one more account in Canara Bank, which was also used. It indicate involvement of applicant-accused Rajkumar in a big manner, may be as facilitator. [2025:RJ-JP:23095] (5 of 5) [CRLMB-5049/2025]

10. The evidence against other accused Uppalapuvu Vinay Kumar S/o Mohanrao Uppalapuvu, clearly suggest that he was a partner in a firm having current account and same was used for transacting the money cheated from complainant or other persons.

11. Having considered the nature of crime and interstate involvement include use of I.P. addresses of other countries it is necessary that these types of cases be investigated by Senior Officer having adequate knowledge Cyber Crime and also economic offences. The matter is triable by magistrate First Class but I am of considered view that in the instant case, looking to role and involvement of both the applicants-accused, they are not entitled to be released on bail.

12. In view of discussion made herein-above, the bail applications preferred by the applicants-accused Rajkumar S/o Shri Jile Singh Sharma & Uppalapuvu Vinay Kumar S/o Mohanrao Uppalapuvu, are hereby dismissed. SAURABH /112-113 (ASHOK KUMAR JAIN),J