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    Court rejects bail pleas of five in online fraud case


     Court rejects bail pleas of five in online fraud case

    JAMMU: Special Judge Electricity Jammu, Aarti Mohan rejected bail applications of five persons, resident of Rajasthan, namely Asif Khan, Arish Khan, Munish Khan, Irfan Khan and Shoket Khan involved in an online fraud case.

    According to police, on December 8 2021, a complaint was received at Cyber Police Station Jammu lodged by one Dr Sanjib Kumar Baishya, son of Late Pabitra Kumar Baishya of 26, Mall Apartments, Mall Road, Delhi-110054 wherein complainant alleged that unknown fraudster, impersonating himself as an officer of CISF working in Guwahati (Assam), posted his photo in uniform and few pictures of household items for sale on Quikr online platform.

    Being interested in buying items, the complainant contacted fraudsters and consequently lost his hard earned money. Acting swiftly, FIR Number 39/2021 under Sections 66-D of IT Act read with 420 and 120-B IPC was registered at Cyber Police Station Jammu and investigation started. During the course of investigation, transactions involved were scrutinized, registration details of Quikr advertisement were obtained and accordingly it was ascertained that fraudsters are operating from different areas of Alwar city in Rajasthan.

    Special Judge Electricity Jammu Aarti Mohan, after hearing APP Anil Saini for Police observed that accused are involved in a serious and non-bailable offence under various sections of IPC and IT Act. Although liberty of the individual is fundamental and required to be guarded by the courts however the protection of the liberty of 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. 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. “FSL report is still awaited and even copies of bank account statements are yet to be recovered. Recovery is pending against the accused persons and in case accused are bailed out at this stage it would thwart the course of investigation and moreover, there is every possibility that the accused may misuse the concession of bail and flee from the course of justice and tamper with the evidence. Accordingly, applications in hand are dismissed at this stage,” the Court observed.

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