Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: BAIL APPLICATION NO. 383/2025
STATE VS. SOFIUR RAHMAN
FIR NO. 34/2024
PS: CYBER POLICE STATION, NEW DELHI
u/S. 318(4)/319(2) BNS
20.03.2025
This is the application for regular bail filed on behalf of
applicant / accused Sofiur Rahman.
Present: Sh. Himanshu Garg, Ld. Addl. PP for the State.
Sh. R.H.A. Sikander, Ld. counsel for the applicant.
Complainant is present with IO SI Anurag.
It is submitted by the counsel for applicant that applicant
has been falsely implicated in the present case. He is the sole
bread earner of his family comprising of 11 members. He is
resident of Goalpara, Assam. He has no previous involvement. It
is submitted that the applicant had lodged the Cyber Cell
complaint about the receipt of Rs. 30 lacs from an unknown
source. He is in fact the victim in the present case but has been
wrongly arrested and is in JC since 12.02.2025. He is ready to
abide by any condition imposed by the court. It is prayed that he
be released on bail.
….contd.
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Per contra, it is submitted by ld. Addl. PP for the State that
the amount of Rs. 30 lacs was transferred in the account of the
present applicant. His mobile phone was linked with the said
account. The said amount of Rs. 30 lacs which was received in
his account on 09.12.2024 was transferred in further 10 accounts.
It is further submitted that the cyber complaint has been lodged
by the applicant subsequently on 12.12.2024 and not 09.12.2024.
It is further submitted that the applicant has received 10%
commission in exchange for providing his bank account and
mobile number. It is prayed that the application be dismissed.
At this stage, it is submitted by Ld. Defence Counsel that
though the applicant has not received any commission, however,
he is still ready to deposit the amount of Rs. 3 lacs (10%
commission) with prejudice to his rights and contentions during
Trial.
Heard all the stakeholders and perused the report of the IO.
As per report of the IO, the applicant had received 10%
commission in exchange for providing his bank account and
mobile number. As per the statement of account of the applicant,
….contd.
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the amount of Rs. 30 lacs which was received in his account on
09.12.2024 was transferred in further 10 accounts.
Considering the nature of allegations; that the applicant is
in JC since 12.02.2025; he has no previous involvement; , let he
be released on bail subject to furnishing PB/SB in the sum of
Rs.30,000/- to the satisfaction of ld. JMFC/Link JMFC/Duty
JMFC and further subject to following conditions :
1. He shall deposit the amount of Rs. 3,00,000/- in the form
of FDR in the name of Ld. Principal District & Sessions
Judge, NDD, PHC before the Ld. JMFC.
2. The applicant shall intimate the Court by way of an
affidavit and to the Investigating Officer regarding any
change in residential address.
2. The applicant shall appear as and when the matter is taken
up for hearing.
3. The applicant is directed to give his mobile number to the
Investigating Officer.
4. The applicant shall not, directly or indirectly, tamper with
evidence or try to influence the witnesses in any manner.
….contd.
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Nothing stated herein above shall tantamount as an
expression of opinion on the merits of the case. The copy of the
order be given dasti to the ld. counsel for accused / applicant and
one copy of the order be sent to concerned Jail Superintendent to
be served upon the accused / applicant.
Application is disposed of accordingly.
(KIRAN GUPTA)
Addl. Sessions Judge-04
Patiala House Courts
New Delhi/20.03.2025
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