Pre-trial punishment is prohibited; bail cannot be denied as a punitive measure, and the presumption of innocence remains until proven guilty.

JUDGMENT :

Virender Singh, J.

Applicant-Amrit Dass, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.33 of 2024, dated 17.12.2024, registered, under Sections 61(2), 318 (4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’) and Section 66 D of the Information and Technology Act, (hereinafter referred to as the ‘IT Act’), with Cyber Crime Police Station, Southern Range, Shimla, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case and presently, he is in judicial custody.

3. The applicant has termed the case of the police, registered against him, as false and concocted one.

4. As per the applicant, he is having deep roots in the society, as such, there are no chances of his fleeing away from justice.

5. It is the further case of the applicant that he is sole bread earner of his family, as such, if the bail application is not allowed, his family will face extreme hardship.

6. The applicant has earlier tried his luck by moving similar application before the Court of learned Judicial Magistrate First Class, Court No.IV, Shimla, however, the same was dismissed on 06.01.2025. Thereafter, he has filed bail application before learned Additional Sessions Judge (CBI Court), Shimla, which was also dismissed on 22.01.2025.

7. As per the applicant, he is having no criminal antecedents, as such, no useful purpose would be served by keeping him in the judicial custody, as pre-trial punishment is prohibited under the law.

8. On the basis of the above facts, learned counsel appearing for the applicant has given certain undertakings, to which, the applicant is ready to abide by, in case, the applicant is ordered to be released on bail.

9. On the basis of the above facts, a prayer has been made to allow the application.

10. When put to notice, the police has filed the status report disclosing therein, on 17.12.2024, a complaint was forwarded to the Cyber Police Station, District Shimla, by DIG, Cyber Crime, Shimla. The said complaint was filed by Dr.Ajay Goel, Poonam Nursing Home Trilokpur Road, Kala Amb, District Sirmaur, in which, he has alleged as under:-

“Ma'am/Sir, I want to bring to your attention the financial fraud committed against me, amounting to INR 2.7 crore. I request your immediate attention to this matter and help get my life-earned savings back. On 6th November, I was approached by a man who posed to be a senior official with J.P. Morgan Chase Bank (a leading financial markets advisory service in India). While selling his advisory services, he showed proof of over 400 investors who are associated with their India business and how their team generated promising returns on the investments. The head of the brokerage services introduced himself as Sanoke Vishawanathan, who happens to be the actual CEO of J.P. Morgan's International Consumer and Wealth division. Upon seeing this person's profile on social media, I somehow was convinced that this is indeed a reputed organisation I will be investing with. They also showed me their application which their clients used for investing funds and tracking them. Here are the links to their website: jpmsecuikty.com, jpmsledrty.top They then created a WhatsApp group and provided daily buy and sell recommendations for stock market investments. They also me to register on their app through which I can transfer the amount to their account and purchase the stocks from there. Their app was designed to show the investments I have made till now and the profit I have earned so far. Over the past one month, I have transferred INR 2,70,19,316.50 to them via multiple bank transactions (details attached) each time to a different person/entity with a different bank account. My suspicion with them arose when I attempted to withdraw funds from my account.