BANJARA SHYAMSHANKAR RAJENDRA SAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application filed under Sec. 438 of the Cr.P.C., the applicant has prayed for anticipatory bail in connection with FIR being First C.R.No. 11191067220065 of 2022 registered with Cyber Crime Police Station, Dist.Ahmedabad for offences under Ss. 406 , 419 , 420 , 465 , 467 , 468 , 471 and 120-b of the Indian Penal Code read with Sec. 66(c) 66(E) of the Information Technology Act.

(2.) As per the FIR, the persons named in the FIR were using Text Now Software application and thereby after displaying number of America, they used to make call to American citizens and after projecting themselves as authorised employees of US Bank though they were not authorised to do so, issued fabricated and forged loan approval letter and duplicate cheques of different banks like SUNTRUST Bank, CSC Bank etc. Thereafter after generating false messages of deposition of cheques/ amount towards transaction fees, the accused persons used to get 16 digit numbers of gift cards of Ebay, Wallmart, Google Play Card etc. of american citizens and after getting processed by such citizens, they used to convert such gift cards in cash amount and as such they used to cheat american citizens.

(3.) Learned advocate Mr.Thakkar drew attention of this Court that co-accused viz. Rahul Shivsamuj Mishra and Umeshsinh Rajeshsinh Chandel, who were having similar role, are granted anticipatory bail by the Sessions Court, Ahmedabad vide order dtd. 1/12/2022 passed in Criminal Miscellaneous Application No.8271 of 2022. He submitted that thought applicant is not named in the FIR and was not found at the spot when raid was carried out, the applicant has been implicated only on the basis of one whatsup group to which he was member.