Mohammed Waseem v. The Union Of Territory Of Andaman And Nicobar Islands

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(M)/1/2025 Re: An application for bail under section 483 of the Code of Bharatiya Nagarik Suraksha Sanhita 2023 in connection with Cyber Crime Police Station South Andaman in G.R.Case No.381 of 2025 arising out of FIR No.0035 dated 13.07.2025 under sections 3(5), 316(1), 316(5), 318(1), 318(3), 336(1), 336(3), 61(1) and 61(2) of Bharatiya Nyaya Sanhita, 2023. And In the matter of:. Mohammed Waseem Mr. Das Chaudary [through virtual mode] Mr. Rama Krishna Srinivasan Mr. Surjyadeep Moulik ... for the petitioner Mr. Sumit Karmakar Mr. S.C.Mishra ... for the State August 8, 2025 [SR] Item No. 1 Learned counsel for the petitioner submits that the petitioner is in custody since 3rd August, 2025. He has no involvement in the alleged offence.

Moreover, the parties have decided to amicably settle the dispute between them and a memorandum of understanding has been signed and filed to that effect. The petitioner has already surrendered his passport before the police. The petitioner seeks bail. Opposing the prayer, learned counsel for the State submits that the petitioner is part of the racket which has duped the complainant of Rs.162.00 crores in the form of crypto currency out of which approximately Rs.100.00 crores have been returned to the complainant. The petitioner may tamper with evidence and influence witnesses if released on bail at this stage.

I have considered the material on record.

Allegation against the petitioner is that he alongwith other accused persons, misrepresented the complainant that they had direct allocations from crypto projects which guaranteed delivery and steep discounts. According to learned counsel for the State, out of Rs.162.00 crores allegedly

cheated, Rs.100.00 crores have been returned. The petitioner was taken into police custody and has been sent to jail custody on 7th August, 2025. A mobile phone has been recovered from the petitioner which may be sent for forensic examination. No other recovery has been made from him. The issue appears to have been amicably settled between the petitioner and other accused on one hand and the complainant on the other hand and a memorandum of understanding has been executed to that effect by and between them on 7th August, 2025. Considering the material available on record, extent of complicity of the petitioner in the alleged offence as well as the fact that the issue has been amicably settled by and between the parties, this Court is of the view that further detention of the petitioner is not required and he may be granted bail subject to the stringent conditions in order to ensure his cooperation in investigation.

Accordingly, prayer for bail is allowed.

The petitioner be released on bail on furnishing a bond of Rs.1,00,000/- (Rupees one lakh only) with two sureties of like amount each, one of whom should be local, to the satisfaction of the learned Chief Judicial Magistrate, Port Blair subject to the condition that he shall appear before the investigating officer once a week till submission of charge sheet. He shall not leave the islands without prior permission of the learned trial Court. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stated above, the learned trial court shall be at liberty to cancel his bail in accordance with law, without further reference to this Court. Accordingly, CRM(M)/1/2025 is disposed of.

Case diary be returned.

Urgent photostat certified copy of the order, if applied for, be supplied to the parties, upon compliance of all necessary formalities. ( Suvra Ghosh, J.)