Point of Law: Article 21 of the Constitution of India provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Arrest of an offender during investigation, as discussed supra, is duly prescribed in Cr.P.C.

ORDER :

Both these Petitions are being disposed of by this common order, as they arise out of the same FIR and involve similar questions of fact and law.

2. Petitioners Pawan Kumar (Cr.MP(M) No.484 of 2022) and Sanjeev Kumar (Cr.MP(M) No.555 of 2022) have filed the present Petitions, under Section 438 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’), for grant of bail, in case FIR No.73 of 2022, dated 27.2.2022, registered under Sections 420, 120B of the Indian Penal Code (hereinafter referred to as ‘IPC’) and 5, 6 of the Prize and Money Circulation Schemes (Banking) Act, 1978, in Police Station Balh, District Mandi, Himachal Pradesh.

3. Status Report stands filed and placed on the file of Cr.MP(M) No.484/2022. Record has also been produced.

4. Prosecution case is that on 27.2.2022, complainant Manoj Kumar submitted a complaint in Police Station Balh, stating therein that in August 2020 his friend Pawan Sankhyan had introduced him with a person Sushil Jaryal, and Sushil Jaryal had stated that with a Plan in Crypto Currency an US Company ONYX Trading was there which had its browser registered as OFS Trading.com. Thereafter, he had demonstrated in his Mobile Phone by logging in his ID-ONYXHP04. He had told that there was a 105-days Plan through which on investments there will be 1½ times return within 4½ months and for that he had told about four types of investment Plans, i.e. 100 US Dollar (Rs.8,000), 500 US Dollar (Rs.41,000), 1000 US Dollar (Rs.82,000/- and 5000 US Dollar (Rs.4,10,000). Apart from it, Sushil Jaryal had also told that this amount was invested in Share Market, wherein there was hundred percent risk but the Company was extending guarantee to return the principal amount. Sushil Jaryal had also told that investment in Plan was to be made in cash and return thereof would be in Crypto Currency Exchange as BTC Dollar (Bitcoin). After telling that, Sushil Jaryal had shown receipt of BTC in Block Chain. Complainant was impressed by Sushil Jaryal to create 500 US Dollar ID-Manoj121, below Pawan Sankhyan, for confirmation whereof complainant received a Mail from Info@ofstrading.com. After confirmation, complainant started working in the Company and arranged meetings in Balh and Sundernagar area for convincing people for investment and in those meetings, head of the Company Birender Preet Singh alongwith his associates Sushil Jaryal and Pawan Sankhyan started to attend these meetings and in every meeting he had duped the people by assuring that their money shall be safe and in case of closure of Company he shall inform them six months in advance so as to enable them to withdraw their money and not to invest further. Complainant started working on the aforesaid investment Plan and created 650 IDs whereby people invested about Rs.5 crore. Most of the people gave cash for creating IDs and some amount was deposited in accounts. Cash was taken by Birender Preet Singh himself mostly and sometimes complainant had visited to hand over the cash to him. As per complainant, about Rs.2 crore was received by people in the shape of BTC or cash and complainant had also received Rs.15 Lakhs, which was invested by him in the same Company and thereafter Birender Preet Singh started direct communication with the complainant, who, in March 2021, told that there was some problem in the Company, resulting into closure of BTC, which will be started during next month. Upon this, complainant continued to arrange meetings and investment from people in the Company, but people started to make telephonic calls continuously with complaint that amount was not returning but as complainant was assured by Birender Preet Singh, he continued to respond by saying that they will get money during next month and by saying so he continued to assure persons on every date. Thereafter, in August 2021, Birender Preet Singh conducted a meeting in Nangal and told that there was no return of the amount and advised to generate a ticket through the I