VIKRAMSINGH JITENDRASINGH BHATTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.11993016220001 of 2022 dtd. 29/8/2022 registered with Cyber Crime Police Station, Kutchh (East), Gandhidham for offences punishable under Ss. 406 , 420 of Indian Penal Code and Ss. 66(C) , 66(D) of the Information Technology Amendment Act, 2008.

(2.) By way of FIR one Santosh Vishandas Panjwani has alleged that he is serving as Manager in Harish Transport Company and using a mobile phone. When, on 28/2/2022, he tried to use his company's mobile, he found that the sim of the mobile phone was not working and therefore, when he approached the customer care center of the mobile company, he was told that from one mobile no.7595842707, the mobile phone company has received a complaint of loss of sim card and therefore, the sim card was made non-functional temporarily by the company. However, the complainant said that he has not given any such complaint and therefore, customer care told him that the sim card non-functioning deactivated temporary, for the time being. Thereafter, he was told that his sim card would be activated within a period of 30 minutes.

(3.) The next day in the morning at around 6:34, he received a missed called from mobile No.7595842707 and therefore, when he informed his the owner of the transport Company who happens to be his boss, he was told not to accept the phone or to call him back and thereafter, he received massages on his own mobile informing that from by way of four different transactions a sum of Rs.29,46,000.00 have been debited from his account and therefore, he preferred a complaint before the Cybercrime Police Station, East Kutchch at Gandhidham. Pursuant to which the present applicant has been arrested.