NARESH KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) This is First application of the applicant Naresh Kumar under section 439 Cr.P.C., 1973 for grant of bail in connection with Crime No.121/2018 registered at Police Station Cyber Cell Bhopal, District Bhopal for the offence punishable under Sections 420, 468, 471, 120B, 201, of IPC and Section 66-C, 66 of I.T. Act.

(3.) As per prosecution case, on 19.03.2018 complainant Preeti Sengar lodged a report at Police Station Cyber Cell, Bhopal averring that her bank account is located at Oriental Bank of Commerce Branch SGSITS Indore and mobile No. 9977228401 is registered in the bank for that account. On 17.03.2018, in the evening at 6:09 pm, she received an OTP from the bank regarding online shopping while she had not bought anything online and also did not share that OTP with anyone. Despite that an amount of Rs. 16169/- has been withdrawn from her account. On that, police registered complaint No. 211/2018 and inquired into the matter. On inquiry it was found that on 17.03.2018 an electricity bill worth Rs. 2,14,900/-issued by Punjab State Power corporation Ltd. (PSPCL) to Balaji Rice Mills, Sardulgarh Mansa Punjab, owned by Sanjeev Kumar has been deposited online in 13 parts and one part of that bill has been paid by transferring Rs. 16169/- from complainant's account and that amount was withdrawn from complainant's account by stealing the identity of complainant's ATM card. On that police interrogated Sanjeev Kumar and he informed that the mill was managed by Girdhari Lal Gupta. On interrogation, said Girdhari Lal Gupta informed that he deposited the bill through the agent-present applicant Naresh Kumar and gave him cheque of Rs. 2,14,900/-. On that police registered crime no. 121/18 at P.S. cyber and Hi-tech crime Bhopal for the offences punishable under Section 420,120B of IPC and Section 66, 66C of I.T. Act against the applicant and co accused persons. During investigation of the crime on 10/07/2018 police arrested the applicant Naresh Kumar and interrogated him. On that it was revealed that applicant Naresh Kumar was linked with many unknown whatsapp groups out of which one group was managed from mobile No. 9554734562. The member of said whatsapp group offered him 3% commission on payment of bill through him. The owner of said mobile number disclosed his name as Rahul. To deposit the bill amount, Naresh sent the electricity consumer number or mobile number and amount of bill of customers to said Rahul who after depositing the said amount intimated the applicant Naresh Kumar. Thereafter, he after deducting his commission deposited remaining amount in the accounts as given by the Rahul to him. Rahul disclosed his name as Pratham Shetty to applicant Naresh. On that police interrogated the account holder in whose account applicant Naresh had deposited the amount on the direction of Rahul@ Pratham Shetty. Thereafter police got IMEI no. of Mobile No. 9554734562 and it was found that owner of said Mobile was Rahul @ Pratham and he used various sims for operating that Mobile which were allotted in the name of other persons. On that police arrested the said co-accused Rahul @ Pratham@ Pranjal Singh and it was found that co-accused Pranjal Singh, using internet technology fraudulently withdrew the amount from the accounts of many persons and deposited the bills and Naresh Kumar deposited the bills of as many as 100 persons through him.