Order On Board

19/12/2024

1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 365/2024 registered at Police Station – Basantpur, District - Rajnandgaon (C.G.) for the offence punishable under Section 318(4), 3(5) of B.N.S. and Section 66 (d) of Information Technology Act.

2. Prosecution case in brief is that the complainant Rahul Jain lodged a complaint on 17/08/2024 against the unknown person that he joined a Whatsapp group named Friends of Wealth 81 through his WhatsApp no. 79996-31416 via website link, which was regarding providing high profits in stock market through trading and IPO investments. The said WhatsApp group was made on 07/02/2020 and was having many admins one of them was named Lalita. That the group admins used to share the stock analysis of particular stock for seeking investments from group members and other admins used to support the analysis. On 26/07/2024 a personal message was sent to complainant from group admin named Lalita to seek some investment/trading amount from him and complainant account was created. Complainant in order to invest and trade amount to gain profit sent the investment amount of Rs 3,40,95,000/- in different bank accounts as asked by the group admin Lalita. No where the name of the applicant was mentioned and his role in this crime has not been mentioned. The present applicant has been arrested from Kerla in connection with crime no. 365/2024 for offences punishable under Section 318(4) and Section

3(5) of the BNS and 66(D) IT act.

3. Learned counsel for the applicant submits that the present applicant has been falsely implicated by the concerned Police Station, though he has not committed any offence as alleged by the prosecution. The present applicant has been falsely implicated by the concerned police station, though he has not committed any offence alleged by the prosecution. The FIR does not contain any allegation against the applicant, and he has never in his life dealt with such huge sum mentioned therein. Applicant's name, contact number, address or account details are not mentioned by the de facto complainant and also there is no iota of evidence showing applicant’s involvement in the alleged offences. There is no direct or indirect material linking the applicant to the allegations mentioned in the FIR, and the applicant has no connection whatsoever with the subject matter of the said FIR. He further submits that on 11.09.2024, police ofÏcers from Chhattisgarh, along with local police from the Pandikad station in Malapuram district of Kerala came to the applicant's residence and inquired about one Rezil, who is known to applicant. Subsequently, applicant was taken to the Pandikad police station and detained there. While at the station the police from Chhattisgarh stated that they would release the applicant if they were able to locate Rezil but applicant did not have the whereabouts of the said Rezil. Finally the police brought the applicant to Basantpur police station stating that he is wanted in the case and ever since he is in custody. The investigation conducted so far has not revealed any connection or involvement of the applicant in the alleged offence. It is evident from the facts and circumstances of the case that the applicant been mistakenly or wrongly implicated without any basis or proof of involvement. The applicant has recently completed his diploma in Events, Hospitality, and Tourism Management from Singapore and returned to his residence on 28.05.2024. The applicant had plans to return to Singapore to start a restaurant business to earn his livelihood. His sudden arrest has not only disrupted his future plans but also affected his family, for whom he is the primary breadwinner. He further submits that the applicant is in jail since11.09.2024, trial is likely to take some time for its conclusion therefore, he prays for grant of bail to the applica