PARVEEN KUMAR @ ANKIT SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner seeking grant of regular bail in case bearing FIR No. 49 dtd. 3/4/2024 registered under Ss. 420, 467, 468, 474 and 120-B of IPC and Sec. 66-D of Infonnation Technology Act, at Police Station Cyber Crime, NIT Faridabad, District Faridabad.

(2.) Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on a complaint lodged by Manoranjan Tripathy, alleging therein that in February, 2024, he had joined a WhatsApp group. One person, who disclosed his name as Rahul Sharma, was managing this group and used to provide stock market tips. He persuaded the complainant to join one institution under the name of SMCLE on the pretext of doing institutional trading. On watching the activities of some members of the group, who were showing images of transfers of funds in the said group. The complainant was induced to join the SMCLE institution through an App provided to him. He was made to deposit an amount of Rs.38,00,000.00 which he had arranged by borrowing from his friend. However, when he applied for withdrawal of the same, he realized that he had been duped of his money.

(3.) After registration of FIR, investigation proceedings were initiated. The details of the bank account in which money was transferred from the complainant had been collected and accused Varun Thakur was nominated as such. He was arrested on 9/5/2024. He suffered a disclosure statement to the effect that he had given his bank account to co-accused Shambhu Chaudhary and had obtained a sum of Rs.10,000.00 in lieu thereof. Accused Shambhu Chaudhary was arrested on the same day and in pursuance of his disclosure statement, co-accused Durga Shankar Meghawal @ Suraj Rathore was nominated as an accused. Offence under Sec. 120B of IPC was added. Another accused, namely Vikram Pal Yadav was arrested on 15/5/2024. Accused Durga Shankar Meghawal @ Suraj Rathore and Vikram Pal Yadav suffered disclosure statements to the effect that the bank details of the account of firm of Varun Thakur had been given to the petitioner and they had obtained commission of 1.5% out of the duped amount, the present petitioner was nominated as such. Offences under Sec. 467, 468 and 474 of IPC were added.