Court reject bail of two online fraudsters
JKUT (Jammu), October-25-2021-( JNF):- CJM Jammu Amarjeet Singh Langeh rejected the bail applications of two online fraudsters.
While rejecting the bail applications of Mohd. Tahir Khan, age 29 years, S/O Abdul Gani Khan R/O Safakadal Watal Kadal Srinagar and Irshad Amed Nadaf, age 32 years, S/O Late Gulzar Ahmed Nadaf, R/O Safakadal Watal Kadal Srinagar, CJM Jammu Amarjeet Singh Langeh after hearing APP Arvind Rathore for the Cyber Crime observed that the ongoing investigation gives a vivid account as to how petitioners devised dubious tactics to exploit and dupe complainant through an un-solicited phone call, in the first place, by impersonating himself as one from Dubai Embassy competent enough to provide him (complainant) a business visa for Dubai and thereafter dis-honestly making him to part with an amount of Rs. 3,30,000/-. Investigating agency has also been able to collect evidence, mostly electronic, depicting as to how aforesaid amount was duped by petitioners in five transactions. There thus is a strong prima facie evidence available on record inculpating petitioners in commission of offences under sections 420, 120-B of IPC and Section 66-D of Information Technology Act. Offence under section 420 of IPC is serious and non-bailable in nature. Since petitioners are alleged to have hatched conspiracy to dupe/cheat complainant, in these circumstances offence under section 120-B of IPC is also treated in law as non-bailable. Interestingly also, a graver aspect has also come to surface during investigation indicating use of defrauded money in drug use by petitioners. Material on record also suggests that both the petitioners are drug addicts and are also said to have undergone treatment in drug de-addiction and rehabilitation centre in Srinagar. According to Investigating Officer, both the petitioners were also taken to drug de-addiction and rehabilitation centre in Jammu on account of circumstances that emerged due to habitual consumption of drugs by petitioners. This aspect of use of defrauded money in drug usage, as rightly submitted by prosecution – needs deeper probe and release of petitioners on bail at this stage would in all likelihood hamper said process on facts.
CJM Jammu further observed that the modus operandi used by petitioners to target vulnerable section of society through un-solicited phone calls and by sweet offers like one as aforementioned – has deeper resonance on public at large and release of petitioners on bail at this stage will thus have an adverse impact on faith of public in the majesty of law. Further, apprehension of prosecution that petitioners, in the event of grant of bail – will tamper with prosecution evidence – too does not seem to be without basis on facts of the case.
CJM Jammu further observed that thus having regard to nature of allegations against petitioners, character of evidence collected by investigating agency thus far, gravity of the offences involved in the case and impact of grant of bail on public at large, I am of the considered opinion that no case is made out by petitioners for grant of bail at this stage. This application therefore has no merit and is dismissed as such. JNF