ORDER

Shri Dharmendra Sharma, Sub-Inspector, Crime Branch, is present in person to assist this Court.

1. The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 13.10.2022 by Police Station- Crime Branch District Gwalior, in connection with Crime No.53/2022 registered for offence punishable under Sections 420 and 120-B of the IPC and under Sections 66C and 66D of IT Act,2008.

2 . It is the submission of learned counsel for applicant that applicant being a lady, is suffering confinement since 13.10.2022 on false pretext. Applicant is a authorized representative of Spay India Technology Pvt. Ltd. and the said Spay India Company is a Business Correspondent (BC) of Airtel Payments Bank which is created under the Payment and Settlement Systems Act,2007. He is entrusted with the job of making payments electronically especially to the people of unorganized sectors through Adhar Based Payment System. As per allegations, complainant Palak Mathur received information about approval of loan and when she proceeded further, then it was a phishing site and amount of Rs.8,14,053/- which was approved as loan immediately taken from her account and went to the accounts of one Bulbul Begam (Rs.5,14,000/-) and remaining 3 lacs to the account of Pooram Singh. Pooran Singh came to the kiosk of the present applicant Manohar Rai and withdrew the cash from his kiosk as agent of the bank. Therefore, role of applicant is confined to give the cash to the person who asked for. He has no direct role to play. Prime accused appears to be Bulbul Begam and Pooran Singh. Under these circumstances, looking to the period of custody and the fact that charge- sheet has already been filed against him, his case be considered for bail.

3. Learned counsel for the respondent/State, on the basis of instructions received, opposed the application and prayed for its rejection and submitted that prime accused Bulbul Begam and Pooran Singh are yet to be arrested. It appears that cyber criminals used accounts of Bulbul Begam and Pooran Singh for routing the money in different accounts and role of applicant cannot be ruled out at this stage regarding connivance. Applicant is a resident of West Bengal and after hectic efforts, he has been arrested. Therefore, chance of absconsion cannot be ruled out.

4. Heard learned counsel for the parties at length and perused the case diary.

5. Considering the above submissions and facts which figured at present before this Court regarding electronic transactions qua applicant, it appears that no useful purpose would be served to keep the applicant under confinement.

Therefore, considering the submissions, period of custody and fact situation, , but without commenting on the merits of the case, this Court intends to allow this application but with certain stringent conditions. Accordingly, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount in which Rs.50,000/- shall be cash security to be deposited before the trial court and another Rs.50,000/- has to be a local surety which stands for regular appearance of applicant as and when required.

6. This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by her;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which she is accused;

5. The applicant will not seek unnecessary adjournments during the trial;