Excelsior Correspondent
JAMMU, Jan 11: Special Judge Electricity Jammu Aarti Mohan today rejected the bail applications of five persons namely Asif Khan, Arish Khan, Munish Khan, Irfan Khan and Shoket Khan belonging to Rajasthan who were involved in online fraud case.
According to the police case, on December 8, 2021, a complaint was received at Cyber Police Station Jammu lodged by a person namely Dr Sanjib Kumar Baishya, son of late Pabitra Kumar Baishya of 26, Mall Apartments, Mall Road, Delhi- alleging that unknown fraudster impersonating himself as an officer of CISF working in Guwahati, Assam posted his photo in uniform, contact details alongwith few pictures of household items for sale on online platform.
Being interested in buying the items, the complainant contacted the fraudsters and consequently lost his hard earned money. Acting over this, a case under FIR Number 39/2021 under Sections 66-D of IT Act read with 420 and 120-B IPC got registered at Cyber Police Station Jammu and investigation started.
During the course of investigation, transactions involved were scrutinized, registration details of advertisement were obtained and accordingly based on location of the fraudsters, it was ascertained that these fraudsters were operating from different areas of Alwar city of Rajasthan.
After hearing APP Anil Saini for the Police, the court observed that accused are involved in a serious and non-bailable offence under various sections of IPC and IT Act. “Although the liberty of the individual is fundamental and is required to be guarded by the courts however the protection of the liberty of the individual is not absolute and a balanced approach keeping in view the interest of the society and personal liberty of the individual has to be adopted”, the court said.
“While considering bail applications the court is required to consider various factors which includes reasonable grounds to believe that accused have committed the offence, nature and gravity of charge the severity of the punishment, the antecedents of the accused, their status in society as well as the larger interest of public or state, likelihood of accused absconding and offence being repeated, reasonable apprehension of witnesses being tampered with etc”, the Special Judge said, adding “as per preliminary investigation the accused seems to be running an organized criminal operation whereby innocent people are being duped. The recovery of such huge number of mobile phones from the custody of the accused persons speak volumes of the modus operandi being adopted by them in duping innocent people of their hard earned money”.
With these observations, the court dismissed the bail application.
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