NASIRKHAN AAS MOHAMMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11216011210307 registered with Infocity Police Station, District : Gandhinagar for offences punishable under Sec. 406 , 419 and 170 of IPC read with sec. 66(D) of the I.T. Act.

(2.) Learned advocate for the applicant submitted that the allegations made in the impugned FIR have not been verified by the police through any Cyber Crime Expert since the amount of Rs.10,000.00 alleged to have been transferred in the bank account of the applicant via "GooglePay" is not reflected in the bank account of the applicant. The alleged money is towards the fees for the classes of spoken English. The applicant has been arraigned as accused only on the basis of IMEI number of his mobile phone and no specific investigation has been carried out in the case. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP submitted that twice a request of transfer of was made and accordingly, same money has been disclosed in the bank account of the applicant and again on UPI request, Rs.10,000.00 has been transferred. However, by manipulating the online software payment system, the applicant has got the amount transferred to some other account and therefore, it is not reflected in his bank account. It is stated that the applicant has a criminal antecedent, which offence is registered in Delhi. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.