Bail can be granted when there is insufficient evidence connecting the accused to the crime, and factors such as age, socio-economic status, and lack of criminal history are considered.

ORDER

Investigation Officer Ms Leena Maroth , State Cyber Cell, Zone Ujjain alongwith S.I. Satyendra Singh, State Cyber Cell, Ujjain are present in person.

This first application has been filed by the applicant under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in connection with Crime No. 323/2024 registered at Police Station - Cyber Cell, District Ujjain (M.P.) for offence punishable under Section 318(4), 319(2), 61(2), 3(5), 336(3) , 337 of BNS, 2023 with Sec 66C, 66D of IT Act. Applicant is in judicial custody since 14.11.2024.

As per the case of prosecution, the police, Cyber Cell Ujjain received secret information that a bogus Call Center is being operated at Punjabi Colony, Distt. Mandsaur. Accordingly, a raid was conducted. Manish Meena, Vijay Kumar, Subhash Gaud and other accused persons were found operating a call center enticing general public for share trading. Manish Meena, the owner and operator of the Call Center informed that they work on Elgo Trading Software in the name Signature Not Verified of Diamond Research Company fraudulently inducing general public to invest in share market on promise of hefty profits. Mobile phones, multiple sim cards and computers were seized from the Call Center. Various registers and note books were also seized. Cyber Cell registered FIR for offence punishable u/S 318(4), 319(2), 61(2), 3(5) of BNS, and Sec 66C and 66D IT Act against Manish Meena and his 21 associates. The statement of Manish Meena was recorded u/S 23(2) of Bhartiya Sakshya Adhiniyam wherein he informed that he was running a bogus call center. The investors were induced to invest in shares by misrepresenting that the company is registered at National Stock Exchange. Forged employee IDs were created. The company Diamond Research and Way to Wealth Management are bogus companies and not registered with SEBI. Manish was arrested on 14.11.2024. He is in custody ever since. On completion of investigation, final report was submitted.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the matter. There is no complainant who has alleged inducement, fraud or cheating by the applicant. Further, there is no connecting evidence except the statement of the applicant in police custody. The applicant is aged 26 years. He is a business person by profession and has a family to look after. The investigation with regard to applicant is complete, therefore, further custodial interrogation of the applicant is not needed. The trial would take time to complete. Therefore, applicant may be extended the benefit of bail.

Per contra, learned counsel for the respondent/State opposes the bail application on the ground of gravity of alleged offence. However, after going through the case diary, he fairly states that no criminal antecedent is reported Signature Not Verified against the applicant.

Investigation Officer is present in the Court. She stated that the witness -

Hukum Singh, a resident of Distt. Dhar has alleged that he was induced on mobile communication to invest certain amount in the share market . Mobile number used for communication matches with the mobile number informed by the applicant in his statement recorded u/S 23(2) of Bhartiya Sakshya Adhiniyam.

In reply, learned counsel for the applicant submits that this statement of Hukum Singh was recorded after filing of chargsheet. There is no verification of mobile numbers by the service provider. No such mobile sim was seized from the possession of the applicant. Even the accounts, wherein the amount was allegedly deposited by Hukum Singh, does not belong to the applicant.

Heard the arguments, perused the grounds for grant of bail stated in the application and the case diary.

The case diary and the material on record reveal that applicant was found operating a call center. Multiple mobile phones and sim cards were seized during investigation from the call center.