ORDER :

Rajnesh Oswal, J.

1. The present bail application has been filed by the petitioner for grant of bail in FIR bearing No. 18/2020 for commission offences under sections 420/468/467 IPC registered with Police Station, Crime Branch, Jammu on the ground that the petitioner was arrested in the month of January, 2020 and thereafter, the challan has been filed against him.

2. It is stated that the petitioner is the only bread earner of his family and the custody of the petitioner is not required for the purpose of any investigation. It is further stated that the petitioner had earlier filed bail application before the court of learned 2nd Additional Sessions Judge, Jammu (hereinafter to be referred as trial court) and the learned trial court vide order dated 29.07.2020 had dismissed the said bail application.

3. Response stands filed by the respondent in which it is stated that a written complaint was lodged by one Javed Ahmed Zargar S/o Din Mohd. Zargar R/o Village Kilothran Bhallesa Tehsil Gundoh District Doda A/P Chirag Colony Bathindi Morh, Jammu alleging therein that in the month of February, 2019, he received a message on facebook from one lady namely Christina George that she wants to share in some business investment in India and gave her whatsapp number. After that he received a phone call from another lady claiming her to be a custom officer from Delhi International Airport and told him to talk with the lady “Christina George” who has come to India from UK. During conversation with said Christina George, she told him that she came to India with huge amount of money and custom officials at airport have seized her money for clearing the custom duty amounting to rupees two lakhs. She further told him that she had no money to meet the required custom duty, as all her money has been seized so she needs rupees two lakhs. The complainant then transferred an amount of Rs. 1.06 lakhs in the given account. After that, the said lady allured him on one pretext or the other for getting her released and her alleged seized money and gave him various accounts and subsequently the complainant transferred huge amount in the given accounts. After that said so called Christina George again called him and told that she has not been given the seized amount and the amount is lying with the custom department. The complainant advised her to contact U.K Embassy for help but she told that she had already contacted the embassy and informed him that one Mr. Philip will contact him soon. Thereafter, a person claiming as Mr. Philip contacted complainant and demanded more money for release of seized amount of Chirstina George. On the directions of said person, the complainant again transferred huge amount in given accounts crediting Rs. 88,58,883/- (Rupees eighty eight lakhs fifty eight thousand eight hundred and eighty three) in total from his personal bank accounts.

4. It is further stated that on receipt of this complaint, a preliminary enquiry was initiated and subsequently, FIR bearing No. 32/2019 for commission of offences under sections 420, 465, 467, 468, 471, 120-B RPC was registered at Police Station, Crime Branch Jammu. Respondent in the response has stated details of the accounts in which a sum of Rs. 88,58,883/- was deposited and during the course of investigation, the teams were sent to different locations to trace out the accused persons but the given addresses on customer application forms (CAFs) and account opening forms (AOFs) were found to be fake, fabricated and fictitious. Ultimately, on 15.12.2019, one accused namely Raj Kumar was arrested from Delhi and was brought to Jammu and his confessional statement was recorded in which he disclosed that he along with other accused namely Rajesh Kumar Kashyap-petitioner herein and others had hatched a criminal conspiracy and prepared Aadhar card of Raj Kumar by changing his parentage from Kedar Singh to Ramesh and provided fake address. On the basis of fake Aadhar card, the accused persons p