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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 788 OF 2021

Ikechukwu Nathan Onyjelam

Applicant

Versus

State of Maharashtra

Respondent

Mr. S.S. Bhandary, Advocate holding for Mr. Swapnil Patil, Advocate

for the applicant.

Mr. S.B. Narwade, APP for respondent/State.

WITH

BAIL APPLICATION NO. 198 OF 2021

Shri Dipak S/o Rajkumar Chitra

Applicant

Versus

The State of Maharashtra

Respondents

Mr. A.V. Nikam, Advocate instructed by Mr. R.A. Tambe, Advocate for

the applicant.

Mr. S.B. Narwade, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

RESERVED ON : 21^st December, 2021.

PRONOUNCED ON : 28^th January, 2022.

PER COURT :

1.

Both these applications can be disposed of by common

order as they arise out of the same crime.

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2.

Informant is the Branch Manager in Axis Bank, Dhule

Branch. Axis Bank, Branch at Dhule, provided ‘PAYPRO’ facility to

Dhule Vikas Sahakari Bank through online portal for RTGS and

NEFT transaction on Current Account bearing No. 914020008206406

maintained with Axis Bank, Dhule Branch. This facility has been in

operation since 1^st August, 2019.

3.

It is alleged in the First Information Report that an

amount of Rs. 2,06,50,165/- was debited through the account of

Dhule Vikas Sahakari Bank despite not entering into any

transaction. Upon receipt of this message, the informant conducted

internal enquiry and found that on 8^th June, 2020, between 7.00 am

and 10.15 am, one NEFT transaction and twenty six RTGS

transactions were conducted from the said bank account transferring

amount to the tune of Rs.2,06,50,165/- to various bank accounts.

This information was immediately forwarded to the RTGS Hub of

Central Control Unit of Axis Bank to freeze the account. It is the

prosecution case that, in the enquiry, it was also revealed that some

unknown persons had hacked the system of Axis Bank and

committed theft of data, owing to which, amount from the said bank

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account was transferred. On these allegations, First Information

Report came to be lodged with Dhule City Police Station on the basis

of which, Crime No. 111/2020 came to be registered for the offences

punishable under Sections 420, 419, 465, 466, 467 of the Indian

Penal Code and under Sections 43, 66, 66(c), 66(d), 66(f) of

Information Technology Act.

4.

Applicant in Bail Application No. 788/2021 came to be

arrested on 2^nd November, 2020 and applicant in Bail Application No.

198/2021 came to be arrested on 25^th October, 2020.

5.

Heard learned counsel Shri Bhandary, holding for Shri

Swapnil Patil, learned counsel for applicant in Bail Application No.

788/2019, learned counsel Shri Aniket Nikam, holding for Shri R.A.

Tambe, learned counsel for applicant in Bail Application No.

198/2021 and Shri S.B. Narwade, learned APP for the State in both

the applications.

6.

Learned counsel Shri Bhandary submits that applicant

in Bail Application No. 788/2021 is a Nigerian national. He has been

arrested solely on the statement of accused No. 2. The said

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statement being confessional in nature, is not admissible in evidence.

Applicant came to be arrested simply because he was living with

accused No. 2. Applicant has come to India for medical treatment.

He submitted that not a single document is placed on record to

indicate that the applicant has any connection with the alleged

offence. Applicant is neither the benefciary nor he is a person who

has hacked the Axis Bank account. He submitted that simply

because of seizure of a diary from him, he is arraigned as an

accused.

7.

Shri Nikam, learned counsel for applicant in Bail

Application No. 198/2021 submitted that applicant is also not the

benefciary of the amount allegedly transferred from the account of

Axis Bank. He submitted that nothing is recovered from the

applicant connecting hi