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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 295 OF 2022

Ramankumar Darshankumar

Applicant

Versus

The State of Maharashtra

Respondent

Mr. N. L. Chaudhari, Advocate for the applicant.

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

CORAM : M.G. Sewlikar, J.

DATE : 1^st APRIL, 2022.

PER COURT :

1.

This is an application under Section 439 of the Code of

Criminal Procedure for releasing the applicant on bail in connection

with Crime No. 0111/2020 registered with Dhule City Police Station,

District Dhule, for the offences punishable under Sections 419, 420,

465, 466, 467, 468 read with Section 34 of the Indian Penal Code

and under Sections 43, 66, 66(C), 66(D) of the Information

Technology Act.

2.

Informant is the Branch Manager in Axis Bank, Dhule

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

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Dhule Viaks 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

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

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

Penal Code and under Sections 43, 66, 66(C), 66(D) of Information

Technology Act.

4.

Applicant came to be arrested on 25^th October, 2020.

5.

Heard Shri Choudhari, learned counsel for the applicant

and Shri Narwade, leanred APP for the State.

6.

Learned counsel Shri Chudhari submits that applicant is

not the benefciary of the amount allegedly transferred from the

account of Axis Bank. He submits that the recovery which is effected

from the applicant i.e. laptop, mobile phones, Aadhar Cards, and

other articles do not indicate that they were used in the commission

of this offence. Simply on the basis of this recovery, the applicant

cannot be connected with the offence.

7.

Learned APP Shri Narwade submits that the applicant

has adopted similar modus operandi while committing offence in

other states also. He submits that similar modus operandi has been

followed by the applicant in the offences committed in Punjab,

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Hariyana and Delhi. He further submits that deposit receipt of one

of the benefciaries is found in the mobile handset of the applicant.

He submits that all these circumstances indicate that the applicant

will commit similar offence again if released on bail.

8.

Aadhar Cards, laptops, copies of PAN Cards, SIM Cards

in the name of various persons have been recovered from the

applicant. Unless it is shown that these Aadhar Cards and SIM

Cards were used for hacking bank account or for transferring the

amount, it cannot be said that the applicant was involved in the

commission of the alleged fraud. Even if it is accepted for the sake of

argument that the applicant was in touch with the accused persons,

it cannot