Ayub Alam Bashir Ansari v. The State Of Maharashtra
Digitally signed by WAKLE MANOJ JANARDHAN Date:
2024.07.09 19:57:42 +0530 WAKLE MANOJ JANARDHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1122 OF 2024 Ayub Alam Bashir Ansari .Applicant
Versus
The State of Maharashtra .Respondent Mr. Kuldeep Nikam a/w Mr. Om N. Latpate & Mr. Akash Kamathe, Advocates, for the Applicant.
Ms. Savita M. Yadav, APP, for the Respondent- State.
CORAM:
MADHAV J. JAMDAR, J.
DATE:
09.07.2024 P. C.:
1.
Heard Mr. Nikam, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the Respondent-State. 2.
This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:
1. C. R. No.
2. Date of registration of F.I.R.
31.03.2023
3. Name of Police Station Cyber City, Pune
4. Sections invoked 419, 420 r/w. 34 of the I.P.C., 1860;
43, 66, and 66(D) of the I.T. Act, 2000.
5. Date of incident 11.08.2022 to 30.03.2023
6. Date of arrest 04.12.2023
7. Date of filing of Charge-sheet 29.01.2024
8. Date of filing of Supplementary charge sheet 08.09.2023 3.
The Respondent-State has filed an Affidavit-in-Reply dated 05th Page No.1
July 2024 of Suresh Tukaram Shinde, Police Inspector, Cyber Police Station, Shivaji Nagar, Pune City. The prosecution case is set out in paragraph No.6 of the said Affidavit-in-Reply, which reads as under: "(a) That the FIR is lodged by Vikas Chandubhai Makwana Residing at the address mentioned in the FIR along with his family member and working at Easy Pay Private Limited, Pune as a Manager (Legal and Compliance). The complainant say that the company provides money transfer, online recharge, and Withdrawal to citizens of India for their convenience without using the UPI app or online banking facility by going to a registered agent of their company and using their own Aadhar Card and ATM card to withdraw or send the amount from their bank account.
(b) The complainant that for business, the current account of said company has been opened at Yes Bank. Kalyani Nagar Branch. Pune bearing Account No. 042063700000266. It is alleged that for a smooth and safe transaction of the business turnover of the company, a VPA bearing No. 435111000034 is linked to said current account. The said VPA account is used for depositing or withdrawing money from the agent's account as per the transactions. The company deposits the amount in said VPA account as per the need from the said current account and the account balance is checked from time to time.
(c) It is further alleged by the Complainant that the said company having a web portal i.e. https://epmoney.easypay.co.in as well as a mobile Android app namely Easy pay both are developed in house and the said mobile app is available Android play store. It is further alleged that the Data collected from the web portal and Android application is saved without error. On the platform of the portal created by said company to serve their customers, employees working in other concerned departments perform the work assigned to them as members of the Finance Department, Technical Department, Business Development Department, and Customer Service Department. Agents as well as customers get faster and a better service.
(d) It is further alleged by the Complainant that through the said mobile application the company mainly provide three mobile wallets facilities to the user i.e., AEPS Wallet, ATM Wallet and Main wallet. The registered agent can provide an amount in cash to customers using their Aadhaar card linked to their bank account after the completion of biometric verification. (e) The complainant using the ATM wallet facility, the agents can provide customers with the facility to withdraw cash by using Page No.
their ATM card and its PIN. Also, by using the main wallet facility, the agent can provide the facility of cash withdrawal, money transfer, online recharge, and using the UPI QR code of the customer's bank account or payment wallet and its PIN. It is further alleged by the complainant that at the time of the above-mentioned transactions, the amount of the transaction is deducted from the bank account provided by the customers. Thereafter, after programming in the said mobile application, that amount is deposited in the said VPA account. (f) The Complainant that the deposited amount is immediately reflected in the main wallet of agent's mobile app who have provided a service to the customers. But to use the accumulated amount reflected in the main wallet, he has to transfer said amount to his registered and verified bank account. Then the said company pays a commission to that agent based on the amount of the transaction done in the said app.
(g) The complainant that while registering as an agent of said company, the person has to mention his name, his shop name, residential address, Aadhaar card number, PAN card number, email ID, mobile number, IMEI/Android ID of the mobile handset, and his bank details in the said mobile application of the said company. It is further alleged by the complainant that the said data is visible to the employees working in the concerned department as per the well-planned automatic system. Also, the video of the employee being an agent was taken during the KYC verification. Also, he has to show his Aadhar and PAN cards, which are saved in the mobile application. Also, data such as the latitude and longitude of his location at the time of doing KYC is saved in the system.
(h) The complainant that once the person fills out the data, as stated above, the filled data is retrieved by the person acting as an agent along with the data displayed during the KYC verification video after the completion of this process the person is register as agent. It is further alleged by the complainant that currently, two lakh registered agents are working with the company.
(i) The complainant on 15/11/2022 in the internal meeting of the said company, the finance department brought the attention of the record the transaction turnover in the VPA account is higher than usual, the balance amount the account is not sufficient as usual, and the minimum balance level is suddenly decreasing. It is further alleged by the complainant that the head of the technical department, Shri. Vijay Yadav, and his team were asked to do a technical analysis of the transaction in that account find the exact reasons. (j) The Complainant that accordingly, the preliminary technical Page No.3
analysis done by the technical team on 22/11/2022. The sixty- five registered agents of the said company colluded and misused the technical facility through the company's said web portal and mobile app to withdrew the amount of the transactions for the customers on behalf of the said company. Thereafter, said amount is credited to their main wallet of the said app, 2, 3, 4, and more mobiles without authorization in the mobile app on different mobiles by logging in or accessing their login ID, and the amount showing credit in the account was transferred to their personal forty-four account. (k) The complainant that since 11/08/2022 sixty-five agents from Kolkata, Gaya, Aurangabad, Ballyard, Ghangri, Palsit, Banscopa, and Rajvandra cities from state of Bihar, Jharkhand, and West Bengal fraudulently transferred Rs.3.52,70.210.82 to their accounts.
(l) On the basis of the complaint lodged by the Orig. Complainant/Informant, offence vide CR No.20/2023 u/secs.408,419,420,120-B,201,34 of IPC and u/secs.43/66, 66-D of Information Technology Act was registered at Cyber Police Station, Pune City, Dist.: Pune on 31.03.2023 and investigation was commenced."
4.
It is the submission of Mr. Nikam, learned Counsel appearing for the Applicant that the cumulative amount of Rs.24,56,870/- was transferred to the account of the Applicant from time to time in several transactions during 1st August 2022 to 18th June 2023. He submitted that the Applicant is not even the agent of the said 'Easy Pay Private Limited'. He submitted that although the Applicant's account was used for the said offence, however, the Applicant is not involved in the said offence. He further submitted that the Applicant was arrested on 4th December, 2023. Supplementary Charge sheet has already been filed on 29th January, 2024 and he therefore prayed that as the investigation is completed the Bail Application be allowed. 5.
Mr. Nikam, learned Counsel for the Applicant submitted that Page No.4
although in paragraph No.8 of the said Affidavit filed on behalf of Respondent-State it is mentioned that the Applicant is an agent of said 'Easy Pay Private Limited', having agent as code more particularly mentioned in the said paragraph, it is submitted that three different agents having same code number had deposited the money in question in the account of the Applicant, however, the Applicant is not concerned with the said company and that he is not an agent of the same.
6.
On the other hand, Ms. Yadav, learned APP strongly objected to grant of bail to the Applicant. She pointed out various contentions raised in the Affidavit-in-Reply. She submitted that a huge amount i.e. an aggregate amount of Rs.24,56,870/- has been deposited in the account of Applicant in several transactions from time to time and therefore it is clear that the Applicant is involved in the offence in question.
7.
Perusal of the record shows that the offence was registered on 31st March 2023, the Applicant was arrested on 4th December 2023 and the Charge sheet was filed on 8th September, 2023 and Supplementary Charge sheet was filed on 29th January 2024. Therefore the investigation is completed. There is no progress in the trial except for framing of the charge. The trial is likely to take a considerably long time.
8.
The Applicant does not have any criminal antecedents. 9.
The Applicant does not appear to be at risk of flight. Page No.5
10.
Accordingly, the Applicant can be enlarged on bail by imposing conditions.
11.
In view thereof, the following order:
O R D E R
(a) The Applicant - Ayub Alam Bashir Ansari be released on bail in connection with C.R. No.20 of 2023 registered with the Cyber City Police Station, District- Pune on his furnishing P. R. Bond of Rs.25,000/- with one or two local solvent sureties in the like amount.
(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(c) The Applicant shall report to the Cyber City Police Station, District-Pune once every month on the first Sunday between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.
(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.
(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Page No.6
Complainant or any witness in any manner.
(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.
(g) The Applicant shall surrender his passport, if any, to the Investigating Officer.
12.
The Bail Application is disposed of accordingly. 13.
It is clarified that the Trial Court shall decide the case on its merits, uninfluenced by the prima facie observations made in this order.
[MADHAV J. JAMDAR, J.] Page No.7