HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE (SINGLE BENCH: HON’BLE Mr. JUSTICE VIVEK RUSIA)

M.Cr.C. No. 56316/2021 Narendra Kumar S/o Jeet Singh, aged about 40 years, Occupation- Private Job, R/o House No.706, Gali No.5, Nai Rori, Gaziabad (U.P.)

Applicant.

Versus State of M.P. through P.S. Cyber Cell, District Indore, M.P.

Respondent M.Cr.C. No. 55439/2021 Suraj Yadav S/o Shri Shankar Yadav, aged about 24 years, Occupation- Business, R/o House No.395, Krishna Nagar, Meerut Road, Gajiyabad (U.P.)

Applicant.

Versus State of M.P. through P.S. Cyber Cell, District Indore, M.P.

Respondent Date: 06.01.2022 Shri Deepak Kumar Rawal, learned counsel for the applicant.

M.Cr.C. No. 56316/2021 Shri Vivek Shrivastava, learned counsel for the applicant.

M.Cr.C. No. 55439/2021 Shri Aditya Garg, learned Government Advocate for the respondent/State.

*****

This is first bail application under Section 439 of Cr.P.C. on behalf of the applicant Narendra Kumar and Second bail application on behalf of applicant Suraj Yadav. His first bail application was dismissed as withdrawn vide order dated 17.05.2021 passed in M.Cr.C.

No.13159/2021.

Both the applicants are in custody since 07.02.2021 and

08.02.2021 respectively in connection with crime No.28/2021 registered at Police Station- Cyber Cell Indore, District Indore for the offence punishable under Section 420, 467, 468, 471,201/34 of I.P.C. and Section 66-D & 43 of I.T. Act As per prosecution story, Shri Priyesh Kothari submitted a written complaint No.36/2021 dated 21.01.2021 before the State Cyber Cell, Zonal Office, Indore on 04.02.2021 disclosing that prior to the lockdown, he received a call from female employee of City Bank for the purpose of loan. Since he was keen to get Loan hence he shown his interest, she transferred the call to the Loan Advisor of the city bank. After some conversations, the said girl namely Kanika obtained Adhar Card, PAN Card, Marksheet,Photographs, address and three years income tax return from him through mail or WhatsApp. Thereafter, Manish Gupta gave a call and told to him, for obtaining polices in the name of family members, which is mandatory for processing the loan. Accordingly, the complainant got the policy No.5023211443 in the name of his wife on 16.03.2020 by depositing Rs.71,500/-. Likewise, second policy of Rs.90,000/- was generated on 27.04.2020. He further made a payment of Rs.27986/- on 12.05.2020 and Rs. 89,000/- on 18.06.2020 for issuing policies . Despite taking aforesaid policies, no steps were taken for sanctioning the loan to him .

On 24.08.2020, he further received phone call from Dr.

Shridhar Reddy, SBI, Belapur, C.B.D. New Mumbai. After explaining certain procedure, he directed him to deposit Rs. 32,500/- from the SBI Credit Card by way of NEFT. Thereafter, on 08.09.2020, he was again directed to transfer Rs.5,00,000/- by way of RTGS. Co-accused Dheeru Bai Bajaj informed him about procedure of the pre-sanction of loan and directed him deposit processing fee @ 1 % of the loan amount. According to him, after depositing of Rs. 5,00,000 - Rs.5,00,000/- in installment, the loan would be disbursed. On 20.10.2020, Jitendra Kantilal Mehta has informed him that he will have to deposit TDS in advance over the Rs. 12,50,000,00/- and service tax @ 5 %. According to the complainant by way of lucrative offer of sanctioning the loan, he has been deceived and accused persons have got deposited Rs. 1,72,82,500/- from him but no loan was sanctioned to him. He has produced all the documents, bank statement pertaining to the transfer of the aforesaid amount to the accused persons to the police along with the written the complaint .

After registration of the FIR, accused Sanjeev was arrested on 08.02.20221. His statement under Section 27 of I.P.C. was recorded. Thereafter, on 08.02.2021, this applicant was arrested. All the accused are resident of Ghaziabad (U.P.) and by way of online fraud they have got transferred Rs. 1,72,82,500/- from the complainant by deceiving him.

The Fir