VISHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicants under Sec. 439 of the Code of Criminal Procedure praying to release them on regular bail, who are facing FIR, which was initially registered under Ss. 406 and 420 of the Indian Penal Code as well as under Ss. 66 C and 66 D of the Information and Technology Act , 2000, which came to be registered at C.R. No.11196040210039 of 2021 with Cyber Crime Police Station, Vadodara City.

(2.) Brief facts of the case as alleged in the FIR are that during the period as mentioned in the FIR, the first informant was prompted from one 'App', bearing number as mentioned in the FIR through whatsapp message, requesting him to generate user ID as also the password over the link sent through the 'App' offering him attractive commission on a purchase through those user ID as also the password tempting him to invest Rs.1,53,700.00, which was then transferred to the account number as mentioned in the FIR opened with the ICICI Bank in the name of Bruiser Technology Pvt. Ltd. Directors whereof were the present applicants - accused. It is further alleged in the FIR that after the aforesaid amount was invested, no commission was ever offered. Initially some meager amount was offered in return thereof to gain the confidence of the first informant to gain more and more in the said transaction. The first informant from his account kept with HDFC Bank deposited Rs.83,700.00, from IDFC Bank, deposited Rs.63,000.00 and from Bank of Maharashtra deposited Rs.7000.00, and threfore, in all Rs.1,53,700.00 came to be deposited by him. For withdrawal of the attractive commission, he was asked to cross the next stage and in that attempt the said amount deposited were transferred to the aforesaid fictitious account opened in the name of Bruiser Technology Pvt. Ltd., as aforesaid, whose Directors were present applicants, who opened the said account in the Bank. Initially, in a Police Station, under local application the complaint was made and thereafter it was regularly registered as the aforesaid FIR.

(3.) Mr. Ankit Shah, learned advocate for the applicants, submitted that the applicants are arrested on 24/9/2021 and since then they are in custody, and therefore, since now supplementary charge-sheet is filed against other co-accused where no further material except invoking Sec. 120B of the Indian Penal Code is alleged, the applicants are required to be released on bail.