Final Order 1

Order Details: COPY OF ORDER
Pdf Text: Bail Matter 1760/2024
State Vs. Shivam Tiwari
FIR No. 19/2024
PS Cyber Police Station Rohini (North)
U/sec 419/420 IPC
08.10.2024
This is an application under section 483 BNSS for grant of
regular bail moved on behalf of accused/applicant Shivam Tiwari
put up before the undersigned being Link Officer of Ms. Shefali
Sharma, ld. ASJ (North), who is stated to be on half day leave
today.
Pr: Dr. Rajrani, Ld. Addl. PP for the State.
Sh. Manoj Kumar Sahu, ld. Counsel for
accused/applicant.
IO is present.
Reply to the application filed. Copy supplied.
ARGUMENTS ON BEHALF OF ACCUSED/APPLICANT
1. It is argued on behalf of accused/applicant that he
has been falsely implicated in this case and he is in JC since
01.09.2024. It is further submitted that in April May 2024, Delhi
Police Officials visited the shop of accused/applicant while he
was away for attending some personal work and at that time
accused/applicant and his family were not informed about their
visit. It is further submitted that on further inquiry, they came to
know about the registration of present FIR and informed that one
Adarsh Tripathi has been arrested from Umaria. It is further
submitted that as per directions given vide order dated
13.05.2024, accused/applicant has joined the investigation.
Thereafter, after dismissal of anticipatory bail, accused/applicant
was arrested on 01.09.2024. It is submitted that as per
FIR No. 19/2024 PS Cyber Police Station Rohini (North) State Vs. Shivam Tiwari 1/8
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prosecution, accused/applicant received Rs. 80-90 thousand from
Raghvendra and out of the amount, he transferred Rs. 42,000/- to
Adarsh Tripathi, however, applicant has entered into
memorandum of settlement dated 19.09.2024 and paid Rs.
6,00,000/- to complainant and further agreed to pay Rs.
4,00,000/- in next two months. It is further submitted that
monetary fraud took place on 01.02.2024 and charge sheet
against the accused/applicant is yet to be filed. Hence, it is
prayed that accused/applicant be released on bail as he is ready to
abide with any condition imposed by the court.
ARGUMENTS ON BEHALF OF STATE
2.1 Per contra, Ld. Addl. PP for the State has
vehemently opposed the bail application stating that as per reply
filed by IO, a complaint was received at Cyber PS Rohini
regarding online Cyber fraud of Rs. 26 lakhs approximately
wherein complainant alleged that on 01.02.2024 at about 09:13
AM, he received a phone call from +917715684482. He further
alleged that the person claimed to be from FedEx and told him
that he had sent a parcel containing some illegal substance and
provided the details of parcel as Parcel No. 228932128919 sent
from Mumbai to Taiwan Contents included 5 Taiwanese
Passports, 2 kg of clothes and 950 grams of MDMA. When
complainant denied sending any such parcel, the person told the
complainant that this was an illegal substance and there is an FIR
against him number NCBMUM1024. It is further alleged that
thereafter, he transferred the call to the Customs Departments,
wherein the officer said that they had the CCTV footage of
someone sending such parcel under his Adhaar details. When
FIR No. 19/2024 PS Cyber Police Station Rohini (North) State Vs. Shivam Tiwari 2/8
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complainant denied for sending any such parcel or even being in
Mumbai at any time in the past, he insisted to cooperate to get
himself out of any misuse of identity and transferred his call to
Cyber Crime Cell. Thereafter, a lady was on phone, who told that
the complainant that his details were flagged for multiple cases
and asked him to come to Mumbai Cyber Crime Police Station. It
is further alleged that when complainant denied for the same, she
said that due to serious issue, she had to do an online
investigation over Skype and everything would be recorded. It is
further alleged that as complainant stated that this was his first
time dealing with police, he got ready to cooperate with them and
on her directions, he downloaded Skype on his laptop and mobile
and connected to “8769 Mumbai Cyber Crime ID” on Skype. As
soon as he got connected, the lady sent her photographs in police
uniform and an ID and asked the complainant to keep his video
on, not to even look away from the screen, and show the original
adhaar on the camera for verification. She also relayed the last
four digit of his adhaar card on walkie-talkie for verification and
sent the photo of some criminals, asking if complainant had any
link to the person. It is further alleged that she and her
Superintendent told the complainant that all his bank accounts
needed to be checked for money laundering HDFC, ICICI, SBI
as part of investigation. Thereafter, complainant shared his screen
and showed them. Superintendent told him that his account is
being put under watch and asked the complainant to transfer all
the funds from his ICICI account to an account of RBI for fraud
monitoring. It is further alleged that all the time they were on
screen share and he was not allowed to even look anywhere other
than the screen as he was in tremendous fear and kept doing
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whatever they asked him to do. It is further alleged that
complainant added the beneficiary account and transferred the
money through transactions 1.) UTR No.
ICICR12024020107156, IFSC Code PUNB0642300 Amount Rs.
13,25,408/- and UTR No. ICICR12024020107162, IFSC Code
PUNB0642300, Amount of Rs. 12,78,827/-. It is further alleged
that all this went for 3-3.5 hours and then Skype call got
disconnected.
2.2 During investigation, bank statement of alleged bank
account No. 6423002100001333 PNB Umaria Branch was
obtained and it was found to be registered in the name of Shree
Ram Enterprises and Aadarsh Aadarsh Tripathi r/o Vikatganj,
Umaria Tehsil, Bandha, Umaria Karkeli Umaria, M. P. It was
surfaced that Rs. 13,25,408/- and Rs. 12,78,827/- were credited
into this account on 01.02.2024 from ICICI Bank account No.
003101013750 of complainant. There are total transaction of Rs.
1 crore 80 lakhs approximately. Thereafter, call detail records of
mobile No. 7222915398 linked with alleged account was
obtained and it was also found registered in the name of Adarsh
Tripathi and same was found active till 01.02.2024 in Sushant
Golf City Lucknow at the time of alleged transactions.
2.3 Mobile No. 9244527223 mentioned in account
opening form was obtained and it was found registered in the
name of Adarsh Tripathi and location of mobile number was
found active near Tamnar, Raigarhm, Chhatisgarh. During
investigation, on 12.04.2024, accused Adarsh was arrested from
Raigarh, Chhattisgarh. During interrogation, accused Adarsh
disclosed that accused/applicant Shivam Tiwari informed him
about this fraud and thereafter, he got opened the alleged current
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account in his name and handed over the said account, one
mobile No. 7222915398 in his name, link with account, cheque
book, ATM card to Shivam Tripathi and in return
accused/applicant gave him Rs. 17,000/-. He also disclosed that
Shivam Tiwari and Raghvendra Singh @ Abhi Singh, used to run
this syndicate of cheating since long time.
2.4 During investigation, CDR of mobile No.
9977339096 was obtained and same was found registered in the
name of accused/applicant Shivam Tiwari s/o Sh. Basant Tiwari
r/o Ward No. 8, Village Chandwar, Post Bharola, District
Umaria, M. P. It is further submitted that on 23.01.2024 location
of mobile No.7222915398 and 9977339096 were Umaria, MP
and in night both were in Katni, M. P. and on next day both were
in Lucknow, U. P. and lastly reached to the location where SIM
was active at the time of transaction where his accomplish
Raghvendra Singh @ Abhi Singh rented Flat C-53, Urban Wood
Apartment, Sushant Golf City, Lucknow, U. P. and there were
more than 100 calls between accused Shivam Tiwari and
Raghvendra Singh. Raid was also conducted at Lucknow and
Hardoi in search of co-accused Raghvendra Singh, however, he
is absconding.
2.5 It is further submitted that during analysis of alleged
bank account No. 6423002100001333, it was found that Rs.
2,09,034/- of cheated money has been further transferred to A/C
No. 09611100025540 in DCB Bank which was registered in the
name of Sachin Rathore. Notice under section 41 CrPC was
served upon Sachin Rathore, who joined the investigation and
confessed that through his friend, he met one Sunny Raj Singh
Bhati, who told him that he used to sale and purchase USDT
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from Binance and asked him to provide accounts to make
transactions and for that he will give 12% commission.
Thereafter, notice was served upon Sunny Raj Singh, who has
not joined the investigation.
2.6 On directions of court, on 16.05.2024, accused
Shivam Tiwari joined the investigation and confessed that on
demand of Raghvendra Singh, he had got opened two accounts of
accused Adarsh Tripathi, one in PNB Bank and another in
Maharashtra Bank and made payment of Rs. 5,000/- in alleged
PNB current account of accused Adarsh Tripathi. Thereafter, he
sent both the accounts to Raghvendra Singh @ Abhi through a
train attendant. He further confessed that on 23 January, he went
to Lucknow by train alongwith one mobile phone having No.
7222915398 linked with PNB account and reached Lucknow on
24th January and went to flat of Raghvendra in Urban Wood
Apartment and handed over mobile phone to Raghvendra and
received Rs. 80-90 thousand from him in his account and later on
returned back Umaria, M. P. on 03rd February. He further
confessed that he transferred Rs. 42,000/- to Adarsh Tripathi in
his account.
2.7 It is further submitted that during course of action,
Rs. 7,91,000/- has been recovered and got transferred into the
account of complainant in ICICI Bank through court orders. It is
further submitted that allegations against the accused/applicant
are serious in nature. There is every likelihood that he may
commit further offence, if he be released on bail.
Submissions heard. Record perused.
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FINDINGS/CONCLUSION
3.1 Allegations against the accused/applicant are serious
in nature. On his directions, co-accused Adarsh Tripathi got
opened the current account in his name and handed over mobile
No. 7222915398 in his name linked with account, cheque book,
ATM card to accused/applicant Shivam Tripathi and in return his
gave Rs. 17,000/- to co-accused Adarsh Tripathi. Mobile No.
9977339096 which was registered in the name of
accused/applicant Shivam Tiwari and mobile No. 7222915398
were found at the same location and lastly at the rented
accommodation of Raghvendra Singh. Accused/applicant has
received Rs. 80-90 thousand from Raghvendra Singh in his
account and subsequently, he transferred Rs. 42,000/- to Adarsh
Tripathi in his account. Therefore, accused not only received
proceeds of crime from co-accused Raghvender Singh but he
also shared it with co-accused Adarsh Tripathi. accused/applicant
actively participated in the commission of offence and matter is
still under investigation against him.
3.2 Considering the manner in which offence has been
committed, it is apparent that accused is a part of group of
persons committing Cyber frauds. Court is conscious of the fact
that Cyber frauds are on the rise day by day and it is very
difficult to solve a case involving Cyber fraud. Most of the times,
investigation agencies are not able to trace out the offenders and
to recover the cheated amount.
3.3 In view of the above facts and circumstances of the
case, I am of the considered view that no ground is made out for
grant of bail to accused/applicant Shivam Tiwari. Therefore, the
application moved on behalf of the accused/applicant Shivam
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Tiwari stands dismissed.
Nothing in this order shall tantamount to an
expression of opinion on the merits of the case during trial.
Pursuant to directions issued by Hon’ble Supreme
Court of India in SMWP (Criminal) No. 4/2021 titled as In Re
Policy Strategy for Grant of Bail as well as in compliance of
judgment titled as Ajay Verma Vs. State, copy of this order be
sent to Jail Superintendent through e-mail.
Copy of this order be given dasti as prayed for.
Dhirendra Rana
Link ASJ/Special Judge (NDPS)
North, Rohini Courts, Delhi
08.10.2024
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