Work From Home Telegram/WhatsApp Scam: Patna HC denies Bail to Six People including One Impersonated as CA [Read Order]

A Single Bench of the Patna High Court rejected the bail pleas of six accused in a case of Cyber Fraud, where public were allegedly duped of Crores of rupees in a Work From Home Scam through WhatsApp and Telegram. At the time of opening the bank account, the bank manager was approached by the accused persons who impersonated as bank Directors and Chartered Accountant ( CA ) of a company.

The prosecution case, in brief, alleged that several complaints were reported by the general public over Cyber Crime reporting portal and have been duping Crores of Rupees from Public from all over the country.

Complaints were being received about the fraud being committed by some unknown persons through WhatsApp/Telegram messenger by inducing them in the name of online work and earning much income.

While inquiring, it was found that cyber delinquents are asking to deposit money in the Account, through WhatsApp/Telegram Messenger and used to offer work from home.

The Economic Offences Unit on 22.05.2023 at 11.30 A.M. headed towards I.C.I.C.I. Bank, Kadamkuan, Patna, for the verification, wherein it appeared that the said account was a current account in the name of Cap Bottle Services Pvt. Ltd. and it was also found that Prakash Chandra Singh and Ajay Kumar Singh are alleged to be the directors of the said company and the said bank account is being operated by both above named persons.

The Bank Manager revealed that at the time of opening of the said bank account, he was approached by the accused persons who impersonated as bank Directors and CA of the said company.

Subsequently, the bank manager froze the debit in the said two accounts for which Prakash Chandra Singh and Sudhanshu Raj approached the bank in removing the hold in accounts and both were apprehended at the same time.

After enquiry, Sudhanshu Raj disclosed that he along with other co-accused persons are engaged in the registration of Private Limited Companies and opening of the Bank accounts. Other co-accused were also apprehended on information received by the co-accused and Vineet was found in Hajipur on information given by the apprehended persons and both apprehended persons disclosed that the accounts were opened on the instruction of Suraj and all the information regarding the said accounts lies with Suraj, who was also apprehended later on.

Counsel for the State, Senior Counsel and Counsels for the Economic Offences Unit have vehemently opposed the prayer for bail of the petitioners

It was submitted by the state that it is a serious offense of Online fraud where innocent people are made victims of these perpetrators and the accused persons are the main culprits in this present matter.

It was further submitted that the hoax companies opened by the accused persons were used to commit the crimes and loot crores of rupees from the local mass. It was also submitted that several complaints have been made against the said Capbottle Services Pvt. Ltd., in different states of India and the accused persons have been actively participating in the fraud and it is evident from the charge-sheet that the bank account was used in transacting the money taken from the innocent public.

Counsel for the petitioner Suraj Kumar Singh submitted that the petitioner is innocent and has no relation with alleged crime and nothing has been recovered from conscious possession of the petitioner and it is a concocted story of EOU to falsely implicate the petitioner. The counsel further submitted that he was working in the office of Chartered Accountant Deepak Kumar Pandey and the petitioner is suffering from loco-motor disability with a percentage of 60% and was dependent on others for doing daily works.

Counsel for the other petitioners submitted innocence and has been made accused merely on the basis of suspicion without any conscious recovery.

He further submitted that the petitioner was forced to sign a blank sheet of paper which was later converted into a confessional statement by the police officials.

The bench observed that, “All co-accused persons have given confessional statements before the police officials stating the details of the crime committed and the role played by them in committing the crime.”

It was also noted that, “Cyber frauds can only be committed through online technology, thus to commit these kinds of crimes, a person has to be very skilled in internet and computer to commit such a crime. The people who have committed cyber-crime are well educated and have a deep understanding of the usability of the internet, and that’s made the work of police machinery very difficult to tackle the perpetrators of cyber-crime and pinpoint the guilty person amongst the innocent persons.”

The Patna High Court Bench of Justice Ramesh Chand Malviya thus noted that, “Basing the opinions on the findings of the investigating agency and submissions made by the learned counsels for both the parties and perusal of other submitted documents, it appears that the petitioners are involved in the alleged offenses and they have played a crucial part in the said

Offense” and held that, “considering the larger interest of the public, I am not inclined to grant bail to the petitioners and prayer for bail of the petitioners is hereby rejected.”

The bail pleas of the petitioners were thereby rejected.

To Read the full text of the Order CLICK HERE

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