RAHUL TRIPATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This is an application filed under Sec. 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.240/2021 registered at Police Station Outpost Latori, PS Jainagar, District Surajpur (Chhattisgarh) for the offence under Ss. 420, 120 B and 34 of the IPC, Sec. 66 D of the I.T. Act and Sec. 25 of the Arms Act.

(3.) Prosecution case, in brief, is that complainant Vichitra Vishwas lodged an FIR alleging that he is a Account Holder in IndusInd Bank, Branch Ambikapur. On 13/10/2021, when the complainant enquired telephonically as to whether the payment of his electricity bill was made through his account or not, applicant Anup Kumar Gupta provided customer care number of the Bank. It is alleged that when the complainant called the customer care number, he could not reach the same and thereafter, he received another call from a person, who pretended himself to be customer personnel and sent a link in the mobile phone of the complainant with regard to payment of electricity bill and asked him to fill the OTP , which he did and thereafter, from the account of the complainant, in a fraudulent manner, an amount of Rs.17,98,495.00 was withdrawn. The complainant asked applicant Anup Kumar Gupta to keep his account on hold, on which, he told the applicant that he has to submit an application in person in this regard before the Bank and then only, his account shall be kept in hold. The complainant went to the concerned Bank at Ambikapur, but, in the meanwhile, through his Saving Bank Account and Fixed Deposit, such amount was already withdrawn. After completion of the investigation, the police charge-sheeted three accused persons namely Mohd. Jaseem Ansari, Kutbul Ansari and Sajid Ansari, who are the residents of the State of Jharkhand. During pendency of the Criminal Case No.163/2022 before the CJM, Surajpur, the complainant preferred an application under Sec. 319 of the Cr.PC for taking cognizance against the present applicants as they were also involved in such crime in a conspired manner, which was allowed.