Satender Kumar Antil v. CBI and others, Special Leave to Appeal

1.Heard Sri Harsh Vardhan Kediya, learned counsel for the applicant and Sri Ran Vijay Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Maroof Asif Kasmani) is languishing in jail since 04.01.2025 in Case Crime No.004 of 2025, under Sections 111, 319 (2) & 318 (4) of Bharatiya Nyaya Sanhita, 2023 and Sections 65, 66 & 66C of I.T. Act, Police Station-B.B.D., District-Lucknow.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. The informant is one Sub-Inspector of S.T.F., Lucknow and has levelled allegation against the present applicant and one co- accused that the accused applicant is involved in a certain type of on-line fraud activity and by virtue of the same accused/ applicant used to place orders through on-line e-commerce website, namely, Amazon using fake login I.D. and further sell the same goods to local shopkeepers at discounted prices. Further allegation has been levelled that the present applicant is involved in selling of hacked game code but later all the accused persons together purchased a 'Bug-Bot' from dark-web which was used to make computerized call to obtain their O.T.P.

5. Learned counsel for the applicant has stated that except Section 111 B.N.S. all other sections indicated in the F.I.R. are having punishment less than seven years and the present applicant is entitled for the benefit of dictum of Apex Court rendered in the case in re: Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021. So far as Section 111 of B.N.S. is concerned, which defines "Organized Crime". The aforesaid section itself explains about the organized crime syndicate that a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity. "Continuing unlawful activity" means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent court within the preceding period of ten years and that court has taken cognizance of such offence, and includes economic offence.

6. Sri Kediya has stated that the present applicant is a young boy of 22 years having no prior criminal history of any kind whatsoever. There is no material or evidence showing that the present applicant is a member of "Organised Crime Syndicate". The investigation is going on. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the investigation as well as in the trial proceedings properly.

7. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant

8.Having heard learned counsel for the parties and having perused the material available on record as well as the provisions of law; considering the fact that the present applicant is a young boy of 22 years having no prior criminal history of any kind whatsoever; there is no material or evidence showing that the present applicant is a member of Organised Crime Syndicate; the investigation is going on and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the investigation and if the charge-sheet is filed against him, he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

9. Accordingly, the instant bail application is allowed.

10. Let the applicant (Maroof Asif Kasmani) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant after release from jail shall appear before the Investigating Officer once in a week to co-operate in the investigation till completion of investigation and filing of the police report, failing which, benefit of this order shall not be extended to him and the Investigating Officer/ the Court concerned would be at liberty to take any coercive steps against him strictly in accordance with law. (ii) The applicant shall file an undertaking to the effect that if the charge-sheet is filed against him, he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. . Order Date :- 5.3.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

1.Heard Sri Harsh Vardhan Kediya, learned counsel for the applicant and Sri Ran Vijay Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant (Maroof Asif Kasmani) is languishing in jail since 04.01.2025 in Case Crime No.004 of 2025, under Sections 111, 319 (2) & 318 (4) of Bharatiya Nyaya Sanhita, 2023 and Sections 65, 66 & 66C of I.T. Act, Police Station-B.B.D., District-Lucknow.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story.

4. The informant is one Sub-Inspector of S.T.F., Lucknow and has levelled allegation against the present applicant and one co- accused that the accused applicant is involved in a certain type of on-line fraud activity and by virtue of the same accused/ applicant used to place orders through on-line e-commerce website, namely, Amazon using fake login I.D. and further sell the same goods to local shopkeepers at discounted prices. Further allegation has been levelled that the present applicant is involved in selling of hacked game code but later all the accused persons together purchased a 'Bug-Bot' from dark-web which was used to make computerized call to obtain their O.T.P.

5. Learned counsel for the applicant has stated that except Section 111 B.N.S. all other sections indicated in the F.I.R. are having punishment less than seven years and the present applicant is entitled for the benefit of dictum of Apex Court rendered in the case in re: Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021. So far as Section 111 of B.N.S. is concerned, which defines "Organized Crime". The aforesaid section itself explains about the organized crime syndicate that a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity. "Continuing unlawful activity" means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent court within the preceding period of ten years and that court has taken cognizance of such offence, and includes economic offence.

6. Sri Kediya has stated that the present applicant is a young boy of 22 years having no prior criminal history of any kind whatsoever. There is no material or evidence showing that the present applicant is a member of "Organised Crime Syndicate". The investigation is going on. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate in the investigation as well as in the trial proceedings properly.

7. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, he is not entitled for grant of bail, but he could not dispute the aforesaid factual contention of learned counsel for the applicant

8.Having heard learned counsel for the parties and having perused the material available on record as well as the provisions of law; considering the fact that the present applicant is a young boy of 22 years having no prior criminal history of any kind whatsoever; there is no material or evidence showing that the present applicant is a member of Organised Crime Syndicate; the investigation is going on and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the investigation and if the charge-sheet is filed against him, he shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

9. Accordingly, the instant bail application is allowed.

10. Let the applicant (Maroof Asif Kasmani) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant after release from jail shall appear before the Investigating Officer once in a week to co-operate in the investigation till completion of investigation and filing of the police report, failing which, benefit of this order shall not be extended to him and the Investigating Officer/ the Court concerned would be at liberty to take any coercive steps against him strictly in accordance with law. (ii) The applicant shall file an undertaking to the effect that if the charge-sheet is filed against him, he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC/269 of the B.N.S., 2023. (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. The present applicant shall not leave the country without prior permission of the Court. . Order Date :- 5.3.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench