NAUSHAD ABDUL MANAN KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the Applicants of the above-mentioned bail applications relate to a common crime number, the applications are heard and decided together.

(2.) Present are the first bail applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicants who have been arrested in connection with Crime No.274 of 2017 registered at Police Station Pandri, District Raipur for offence punishable under Sections 420, 511, 419, 464, 467, 468, 471, 120B of the Indian Penal Code, Sections 66C and 66D of the Information Technology Act, Sections 4, 20, 25 of the Indian Telegram Act and Sections 3 and 6 of the Indian Wireless Telegram Act (under Section 451 of the IPC).

(3.) Case of the prosecution, in brief, is that a written report was submitted by Roshan Lal Batra stating that on 10 th-11th of August, 2017, he received a call on his mobile number 7389032043 from an unknown person from mobile number 9311622931. On the call received, he was communicated that he had won a lottery of Rupees Twenty Five Lakhs and for sending the amount of lottery to him, he will have to pay processing fee of Rupees Fifty Thousand and give his bank account number. When he doubted and refused to take money of the lottery, he was given frequent mobile calls from different numbers. He, under an impression that a forgery is being tried to be committed with him, submitted the above-stated written report. On the report, aforestated Crime No.274 of 2017 was registered at Police Station Pandri, District Raipur. During investigation, it revealed that Vipul Tandon, Dinesh Tandon, Naushad Abdul, Virendra, Rajkumar Jaiswal, Girja Shankar, with a common intention, conspiring, used documents of others, created a forged company, got issued sim cards in bulk under corporate scheme in the name of the said company and using those sim cards for VOIP calls, operated a parallel telephone exchange and thereby caused loss of revenue to the Government. After arrest of the accused persons, charge-sheet has been filed against them for the aforementioned offence.