Final Order 3

Order Details: COPY OF ORDER
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Bail Matters 910/25; FIR No. 549/2024
STATE Vs. Rajesh Kumar
Bail Matters 910/25
STATE Vs. Rajesh Kumar
FIR No. 549/2024
U/s 318/338/340 BNS
PS:Special Cell
01.07.2025
Present: Sh. Himanshu Garg, Ld. Addl. PP for the State.
Sh. Sachin Kumar Shukla, Sh. Devesh Pandey and Ms. Kritika
Sharma, Ld. Counsel for the accused.
IO SI Vikas is present.
This is an application for grant of Anticipatory Bail u/s 482
BNSS, 2023 filed on behalf of applicant Rajesh Kumar.
Allegations:
As per the reply to the bail application, the complainant has been
cheated of Rs. 17.34 Lakhs through cyber fraud and above noted case was
registered on complaint of Sh. Ram Bahadur Maurya who stated that he has
been cheated to the tune of Rs. 17,34,000/-.
During the course of investigation, it was revealed that alleged
caller had called the complainant Ram Bahadur Maurya and took access to
e-SIM of complainant by fraudulently using OTP of complainant SIM No.
9811129459 portraying himself as complainant Ram Bahadur Maurya. The
e-SIM No. 9811129459 was then used by the accused person in the Mobile
phone, bearing IMEI No. 357611738286262. Then the accused person
installed mobile banking apps by using OTP of complainant SIM No.
9811129459 portraying himself as complainant Ram Bahadur Maurya in the
above-mentioned alleged phone and transferred the balance present in his
Axis Bank account to his fraudulent bank accounts. Then the accused person
encashed the FDs which were linked to the Axis bank account of
complainant and then transferred the money out of his account to fraudulent
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STATE Vs. Rajesh Kumar
accounts. Then the accused took a loan of Rs. 10,00,000/- approx. by
fraudulently using OTP of complainant SIM No. 9811129459 portraying
himself as complainant Ram Bahadur Maurya in his Axis Bank account and
then transferred the money out of his account to fraudulent accounts. In the
process, the accused person also took out money from his Axis Bank credit
card as well as SBI Bank account. The accused person caused financial loss
to the complainant to the tune of Rs. 17,34,000 approximately.
On the basis of technical surveillance, Main Accused Niraj Kumar
Mandal was traced, who contacted the complainant and got his e-SIM
transferred and operated the bank account to withdraw the money from his
Bank account. The accused Niraj Kumar Mandal was arrested with recovery
of alleged mobile phones in which e-SIM of complainant was activated.
Accused Niraj Kumar Mandal used to add the mule accounts as beneficiary
of complainant's axis bank account and finally fraudulently took out amount
totaling Rs. 17,34,000 approx. in fraud/mule accounts by using UPI and
Axis App from complainant's Axis Bank account, Credit Card, and SBI
Account.
The accused Niraj Kumar Mandal further disclosed on 26/03/25
that his brother, another co-accused Guddu Kumar Mandal is also actively
involved in the crime as he handles the cash and meets Anil Kumar Mandal
(who provides fake accounts) for taking cash from him who then provides
cash to Niraj after taking his cut and then Niraj divides the cash between him
and Vivek Mandal.
Then, accused persons Anil Mandal, Guddu Mandal, Vivek
Mandal were served notice to join investigation, who were granted
anticipatory bail by the Court. Their interrogation was conducted.
During interrogation of Anil Mandal, he disclosed that he came in
contact with Jamshed from Devghar, Mittam from Madhupur and Vicky
(7004336992) from Bokaro who used to give fake bank accounts and give
details of these fake bank accounts by keeping 20% to 25% which meant that
they kept 25% of the total money credited in that account and bring the
remaining 75% to Anil Mandal in cash and it will be their responsibility to
withdraw the cash and give it to him. Out of this 75% cash, Anil Mandal used
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STATE Vs. Rajesh Kumar
to keep his 10% and give the remaining 65% to the cyber fraudsters to whom
he sold these bank accounts. In this case, he gave the mule account details to
accused Guddu Mandal, for his brother Niraj Mandal which Anil Mandal
had taken from Vicky and Jamshed and had given 65% of the money
deposited in these accounts to Guddu Mandal at Vidyasagar Railway
Station.
During investigation on money trail, it was found that the money
in question was sent to multiple bank accounts, out of which, Rs. 3,30,000
was transferred from complainant's bank account to 2 accounts of one Ram
Kumar Ray from Bokaro (30000 in Federal Bank account No. 20367879763
and Rs. 3,00,000 to Axis Bank account No. 924010056025851). He had
been given notices to join investigation on 2 occasions, but had not joined
the investigation. Rs. 1,00,000 out of this 3,30,000 has further transferred
from Ram Kumar Ray's bank account to the bank account attached with POS
Sanjana Ladies Corner, which is the bank account operated by present
petitioner Rajesh Kumar as a team went to Sanjana Ladies Corner, Bokaro
where Mamta Devi W/o Rajesh Kumar was found present who told that her
husband runs the account of Ms Sanjana Ladies Corner. Hence a notice U/S
35(3) BNSS for Rajesh Kumar was served to Mamta Devi on 19/05/25 for
joining investigation on 25/05/2025 but he did not join investigation.
On the last date of hearing, the applicant was directed to join
investigation and he joined investigation on 07/06/25. He disclosed that he
runs a shop named Sanjana Ladies Corner and Beauty Parlour in Bokaro,
Jharkhand and have a CC/Overdraft bank account opened in the name of his
shop with State Bank of India, and a POS machine is installed in his shop
through which he takes payments from customers. He disclosed that he
swiped credit cards on this POS machine and giving them immediate cash
withdrawals by taking 5% commission on withdrawal amount to earn some
easy money.
He further disclosed that he does not have any money transfer
license and he knew that withdrawing cash in such a manner on commission
is not legally right. He further disclosed that on 5th December 2024, he gave
cash after deducting 5% commission to a person whose details he did not
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STATE Vs. Rajesh Kumar
know. In December 2024, he swiped cards of many such people and gave
them cash after deducting 5% commission.
Arguments:
The bail has been sought on the following grounds:
1. The applicant had himself contacted with the police official of P.S Special
Cell police station and also filed his written reply to the police officials of
police station Special Cell through himself and joined the investigation and
cooperated as and when police official visited the shop of applicant to
investigate the present case.
2. The wife of applicant received second notice even after fully cooperating
with the local police and police demanded hefty amount to make him join the
investigation.
3. It is pertinent to mention here that there is no other FIR or Criminal
Complaint pending against him in any court of law.
4. The present F.I.R. was registered on 06.12.2024 in which
applicant/petitioner has been falsely implicated by the complainant and the
trial has not been completed so far.
5. The ensuing trial in the matter is likely to take a long time and the
applicant is family men and he has responsibility of old age parents and three
daughters. That he was born & brought up in Bakaro, Jharkhand. That he has
strong roots in the society and he permanently resides with his parents and
siblings at Bokaro Jharkhand.
Ld. Addl. PP for the State strongly opposes the bail application on
the ground that to unearth the whole scheme of crime, to arrest the co-
accused persons involved in the money trail, and to conduct investigation
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Bail Matters 910/25; FIR No. 549/2024
STATE Vs. Rajesh Kumar
with the present accused Rajesh Kumar to make recovery of crucial facts,
custodial interrogation with present applicant Rajesh Kumar is required,
hence the bail application of accused Rajesh Kumar is strongly opposed as
he may tamper with the evidence and hamper the investigation of the case.
Observations:
In the reply filed today to the Anticipatory Bail application, it is
stated that the accused joined the investigation on 07.06.2025 and he
disclosed that he runs a shop in the name of “Sanjana Ladies Corner and
Beauty Parlour” in Bokaro, Jharkhand and was having a POS ( Point of
Sales) machine installed in his shop and that he used to swipe the credit cards
of some persons who required immediate cash and provided cash to them
after taking 5% commission on the said amount. As per the reply filed on the
last date of hearing, an amount of Rs. 1 lakh was transferred to the account of
the present accused through POS used at his shop.
During the course of arguments, it is pointed out by the Ld.
Counsel for the accused that the complainant has already been compensated
and paid Rs. 20 lakhs against the cheated amount of Rs. 17.34 lakhs and that
the main accused namely Neeraj Mandal, Guddu Mandal and Vivek Mandal
have already been granted bail on 08.05.2025. Copy of the said order is filed
today.
In these circumstances, in view of the limited role of the present
accused and that he joined the investigation, the applicant/accused is entitled
to relief of Anticipatory bail on the following conditions:
(a) In case of arrest of applicant/accused, he be released upon
furnishing a personal bond in the sum of Rs.15,000/- (Rupees Fifteen
thousand) with one surety of like amount to the satisfaction of IO/SHO.
(b) The accused shall join investigation as and when called upon to do so
by the IO.
(c)The accused shall furnish to the Investigating Officer a cell-phone
number on which the accused may be contacted at any time and shall
ensure that the number is kept active and switched-on at all times;
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Bail Matters 910/25; FIR No. 549/2024
STATE Vs. Rajesh Kumar
(d) The accused shall not contact, nor visit, nor offer any inducement,
threat or promise to any of the prosecution witnesses or other persons
acquainted with the facts of case. The accused shall not tamper with
evidence nor otherwise indulge in any act or omission that is unlawful or
that would prejudice the proceedings in the pending trial.
(e) The applicant/accused will not leave the country without prior
permission of the court and will surrender his passport with the court
concerned.
Accordingly, the bail application stands disposed off. Copy of the
order be given dasti.
(Saurabh Partap Singh Laler)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
01.07.2025
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