AMIT SHARMA Vs. STATE

JUDGEMENT

(1.) The instant application under Sec. 438 of the Code of Criminal Procedure, 1973 ("Cr.P.C.') has been filed on behalf of applicant seeking grant of anticipatory bail in case bearing FIR no. 72/2023 registered at Police Station Cyber Police Station, South, Delhi for offence punishable under Sec. 420 of Indian Penal Code, 1860 ("IPC").

(2.) Issue notice. Mr. Manoj Pant, learned APP accepts notice on behalf of the State.

(3.) Briefly stated, the facts of the present case are that the present FIR was registered on the complaint of complainant Oweas Khan alleging that he has been frauded of money using an online portal. It was alleged by the complainant that he had received a WhatsApp message from a mobile number ***0483 on 16/6/2023 in relation to an offer of earning online part time income which could be earned by any person by giving rating on Google platform. Every user could earn Rs.50.00 per rating on Google and Rs.200.00 per login in relation to the same. Thereafter, the complainant was induced to pay money and complete task for getting commissions and profits on each task. Firstly, the complainant was given a bonus amount of Rs.200.00 after joining the telegram group which used to supply links for the purpose of said tasks. An account ID of the complainant was created on the fraud portal 'http://gjpdyp.top/h5/' and was asked to complete a pre-paid task of Rs.1000.00. After the complainant had made the payment of the said amount, he received an amount of Rs.1300.00, after which the complainant was again offered to complete a pre-paid task of Rs.5000.00and was promised to get a return of Rs.10,400.00. Thereafter, a series of inducements were made by the unknown telegram user and the complainant was asked to make a payment of Rs.7000.00, then Rs.28,000.00 and finally, Rs.68,000.00. The complainant had then asked the unknown telegram user for his refund and the bonus amount but he was told by the same person that he had made some mistake in completing the task and to get the bonus, he has to complete some more pre-paid tasks. Acting on the request of the unknown telegram user, the complainant paid a sum of Rs.2.00 lakhs, then Rs.2.5 lakhs and finally Rs.2.5 lakhs. It has been alleged by the complainant that he has been defrauded of a total amount of Rs.7,99,850.00 and this amount has been transferred to multiple bank accounts. During the course of investigation, it was revealed that the alleged cheated amount was transferred to a PNB bank account bearing no. ***6793 which was in the name of a firm called 'Sweet Valley Cottages' and had its beneficiary as Mr. Amit Sharma, who is the main accused/applicant in the present case.