Akashdeep Singh Maan v. State of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SR. No.211 D !" o# $"%&'&o()10.09.2024 A* '+$"", S&(-+ M ( .P"!&!&o("/ 0"/'1' S! !" o# H /2 ( .R"',o($"(!3'4 CORAM) HON5B6E MR. JUSTICE N.S. SHE7HA8AT P/"'"(!) Mr. Nitesh Singhi, Advocate for the petitioner. Ms. Sheenu Sura, DAG, Haryana N.S. SHE7HA8AT9 J.

¶1The present petition has been filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the petitioner in FIR No.39 dated 29.02.2024 under Sections 420/120 B IPC registered at Poice Station Cyber Manesar, Gurugram.

¶2The FIR in the present case was registered on the basis of statement made by SI Jagroop Singh and the same has been reproduced below:- "SHO Cyber Police Station Manesar Gurgaon Date 26 Feb 2024 Dear Sir/Madam, Subject: Request to register FIR and CYBER CRIME Complaint for a FRAUD of INR 25,50,000/0 (INR Twenty Five Lacs and fifty one thousand Rupees) Address: Emaar Palm Gardens, My name is Vijay Kumar Gupta, I am a senior citizen of 78 years of age. My details are as follows: I attest to the accuracy and Tower 6, Apartment no. 203, Sector 83, Gurugram0122002 Contact no.: 9811999626 Email ID0 GEMINIGGN1306@GMAIL.COM I want to register a FIR and Cybercrime complaint against the offenders who have defrauded me of INR 25,50,000/0 (INR Twenty0Five Lacs and fifty one thousand Rupees). Offenders falsely claimed that they were representatives of a strategic partnership between Angel One (a reputed Trading and a Stock broking company: www.angelone.in) and BlackRock (a reputed global Invest management and financial service company www.blackrock.com). I have been misled by the offenders into transfer the above amount, for the purpose of the trading. They are now refusing to release my funds. As a retiree and senior citizen, I can't emphasize enough, how crucial these funds are to me and my family. I am giving you all the details below and request you to investigate and help me to recover my funds from them. The offenders are still trying to extract additional money from me. This gives us a window to trap the offenders, with the lure of more money, arresting them and recovering the money they have defrauded from me and others. If they become aware about the investigation, they might go into hiding, Swift and careful action from Cyber police, Banks and authorities will be instrumental in recovering Lie money. Request you to please take this urgently. The details of my case are as under: I have been trading in the stock market for some time now. Recently, around 14, Feb 2024, I signed for a new trading account with the offenders. There was an online article which talked about a strategic partnership between Angel One (a reputed Trading and Stock broking company) and Black Rock (a reputed global Invest management and financial service company). The article also had an image showing Dinesh Thakkar, Chairman Managing Director of Angel One shown shaking hands with Mr. Ranji BlackRock. It misled me to believe I attest to the accuracy and the offender's story that they were representatives of this partnership, Now I believe this article was also false, I have shared more information on the article in the additional information section below. The offenders shared a mobile app: Angelbg, to setup a trading account with them and I provided my information for the account setup (like aadhar, bank account, address, etc). As per their instruction I made multiple transfers to the bank accounts they provided, to fund the trading account, they had setup for me, for the purpose of trading. In order to gals my trust and entice me to transfer more money, I was led to believe made that I had made a profit of INR 251,443 on the first few trades. Now I have found out that this app is also fraudulent and does not belong to Angalone. More information in the additional information section below. On 19th Feb 2024 they offered me IPO shares of Esconet Technologies@ Rs.80/0 per a share. Esconet technologies IPO was going on at lal point of time. So, I didn't suspect and apply for 10,000 shares. @ the total cost of Rs. 800,000/0 (Rs. 8:00 Lacs). I was advised by Ms. Melissa (i.e, one of the offenders) assistant to Mr. Ramji (ie., also one of the offenders), that I may not get as many shares as I have applied because they will have to distribute them to all the members. I found that to be ok. On 21 Feb 2024 the allotment of shares was announced, and I was told that I am "hacky" because the company has allocated to me 1,50,000 (One Lac Fifty Thousand Shares) the total cost of which works out to be Rs. 1.2 Crores. I was alarmed as how can I be allotted 1,50,000 shares in such a huge quantity against my application for only 10,000 shares. I told them to allot me the number of shares 1 have applied for (ie., 10000 shares) and I will pay the corresponding amount of Rs. 8,00,000/0 The balance shares they can give to others who are interested and have the capacity to pay this kind of money. Since 21 Feb 2024, I have been requesting through WhatsApp chats with Ms. I attest to the accuracy and Melissa, and have charted even with Mr. Ramji (ie., the Head) making the same request but they are not agreeing and insisting that I should arrange the funds and pay as I will make huge profits by selling them. They blocked the money in my trading account, Rs. 18,01,443 (ie, Rs. 15,50,000/0 transferred from my bank account Rs. 2,51,443/0 profit from previous transactions on Angelog app), not letting me withdraw, Instead of issuing the IPO shares as per my application, or cancelling my IPO application, they have been trying to convince me to transfer more money through various means. Melissa informed me that she has a member who can become my Partner in the IPO allotment. She gave me the other member's contact no.7763802039 and asked me to talk to her. I contacted her and she told me that she can only spare Rs. 50 lakhs and Balance Rs. 52 Lakhs I will have to arrange deposit, I contacted back Melissa she said not to worry, she will find another partner to join but asked me to deposit Rs. 10 lakhs. So, that the partner who has agreed, does not walk off with her offer of Rs. 50 lakhs. In my stupidity, I deposited Rs. 10 lakhs to the account they instructed (ie, at this point my the total money in the trading account Rs. 25,50,000/0 transferred from my bank account Rs. 2,51,443/0 profits from previous transactions on Angelbg app). Then I was told that the other member, who had agreed to partner carlier, has also deposited Rs. 20 Lakhs in my trading A/c (i.e., not my bank account). She would deposit another Rs. 30 Lakhs, after I deposit remaining Rs. 42 Lakhs. They are trying to extract another Rs. 42 lakhs from me. And when now I am contacting Ms. Melissa and Mr. S. Ramji they are saying that they can't help me anymore and I will have to find my own resources to arrange the amount. They are also applying pressure that this amount must be deposited immediately otherwise heavy penalty will be levied for each day of delay. Information on transfers from my Bank Account to the offenders I attest to the accuracy and 1 DT 16.02.2024 AMT 50000 Seat through HDFC bank 2. :

20.02.2024 DT 1500000 HDPC bank Cheque no. "000180" 110240037 040637 Paid through RTGS D.S. ENTERPRISES Indusin Bank Ltd. Current Ave no 201028700770 IFSC Code INDB0001749. 3 DT 22.02.2024 AMT 1000000 HDFC Bank Cheque no. 000182" IFSC Code INDB0001749, Additional Information/Links 1) Confirmation that the Mobile app shared by offenders was fraudulent. Fraudulent App was shared by the offenders for trading: Angelbg. The logo of this app is similar to actual AngelOne company logo. Offenders shared the below link to the Angelbg app. It's no longer working, https:// play.google.com/store/apps/details?idfriarly .anelastic.nabiplil  . Recently, after the above app stopped working, they shared another url/link which is currently working https://app.angelbgb.com Also, if you search app in Google Androidtiplay store, there is an Angelbg app present. Lateron when I got suspicious about the offenders, I got help from my son to get more information about them, we found confirmation on anthontic AngelOne company website, that this app (i.e. Angolbg) did not belong to them. It was a fraudulent app. There were other people also seeking confirmation from AngelOne company about the Angelbg app. The actual AngelOne company confirmed on 21 Feb 2024 that this app does not belong to them (web site url and snapshot provided below), Confirming my suspicion a) Confirmation on AngelOne website of Angelbg app being fraudulent: https://community.angelonc.in/t/zagalbgti appti fortiinstitutionalti customers/6803 Snapshots from the website: 1. Query from other user on Angelig mobile app. on the authentic AngelOne company website Confirmation from the AngelOne company on 21 Feb 2024, confirming the Angelbg did not belong to mobile app An them and was fraudulent. 2) Online article claiming strategic partnership between AngelOne and Blackrock This gave credibility to the offenders/fraudsters I attest to the accuracy and claims that they were representing this partnership between AngelOne and Blackrock. However, these claims were false, as explained in point 1. The site was displaying this article till 25th Feb 2024. Today, the next day when I checked the site of the article again it has stopped displaying this article. ps://www.google.com/ur'?satrctjqesressourcewebedea drjan act 8ved2ahUKEwikat7RI8mEAxXroGwGHd7oDQFnoECCIQAQu rlhttps%3A% 2F%2Fnewspatrolling.com%2Fblackrocktihasti establishedtiatistrategictipartnershiptiwithtiangelonetijointlyti croatingtiatinewtichaptertiintithe elcaring andtisettlementtibyti brokerticbstimodel%2FusgAOvVaw 1Fqsj68J6cl.NcM1 blypaf bopi89978449 Yours faithfully, Vijay Kumar Gupta Mobile: 9811999626 Email ID: GEMINIGGN1306@GMAIL.COM Address: Emaar Palm Gardens, Tower 6, Apartment no, 203, Sector 83, Gurugramti 122002"."

¶3Learned counsel for the petitioner submitted that in the complaint, the complainant had levelled allegations against two accused, namely, Mellisa and Ram Ji, however, the petitioner was not named in the FIR. He further submitted that the petitioner was nominated as an accused on the basis of statement made by his co-accused in police custody, which was not admissible in evidence. Still further, even during the course of investigation, the police could not collect any evidence against the petitioner and he has been named by the co-accused, without any basis. Apart from that, the petitioner was not a beneficiary of the amount in question and the said amount was never transferred in his account.

¶4On the other hand, learned counsel for the State has vehemently opposed the submissions made by the learned counsel for the petitioner by submitting that it is a case of cyber fraud and the complainant, who is aged about 78 years, has been cheated to the tune of Rs.25,50,000. During the course of investigation, Devender Singh and Harpreet Singh were arrested on 08.07.2024 and their statements were recorded by the police. The petitioner has been named as an accused by Harpreet Singh and Devender Singh. Still further, the call details of Devender, Harpreet and the petitioner had been obtained and it was found that all the three accused were in constant touch with each other. Further, a SIT has been constituted to conduct the investigation fairly and diligently. Still further, in the status report submitted by the State of Haryana, the petitioner has been found to be involved specifically and the following averments have been made in the affidavit dated 03.09.2024 of Assistant Commissioner of Police, Cyber Gurugram:- "15. That now, the investigation of the present FIR is being conducted fairly, diligently and intensely by the above mentioned SIT, so as to unearth the truth and to arrive at the logical conclusion. The petitioner Akashdeep Singh Maan and cotiaccused Rishasbh @ Rishu are yet to be arrested. Now, this Hon'ble Court, vide order dated

22.08.2024, has been pleased to stay the arrest of the petitioner.

¶16That the role of the petitioner Akashdeep Singh Maan in the present case is that he was the senior employee in ICICI Bank, Fatehgarh Sahib (Punjab) along with cotiaccused Harpreet Singh who was the junior employee. The petitioner Akashdeep Singh along with coti accused Harpreet Singh got opened the current account no. 201028700770 at Indusind Bank (in which the amount of Rs. 25 Lakhs of the complainant was credited). Thereafter, accused Devender handed over the said account along with its pass book cheque book, ATM Card and the sim card of the registered mobile no. 9501664451 to accused Harpreet Singh. The said accused Harpreet Singh further I attest to the accuracy and sold the said account to the petitioner Akashdeep Singh. The ; petitioner gave Rs. 30,000/0 in cash to accused Harpreet Singh and out of the said amount, accused Harpreet Singh gave Rs. 10,000/0 to accused Devender. Thus, the petitioner is also involved in the present fraud and at this stage, it is the petitioner who can provide information regarding the above mentioned account no. 201028700770. The petitioner has been named by the accused Harpreet Singh in his disclosure statement. Copy of disclosure statement of accused Harpreet is attached herewith as Annexure R01 for kind perusal of this Hon'ble Court.

¶17That the evidence coming forth against the petitioner in the present case is that from the perusal of call details, the petitioner Akashdeep Singh Maan had been found to have conversed with accused Devender five times and further, the petitioner Akashdeep was found to have regularly / continuously conversed with accused Harpreet Singh. Further, from the disclosure statement of accused Harpreet (already attached herewith as Annexure R01) it has come forth that the petitioner Akashdeep Singh along with cotiaccused Harpreet Singh got opened the current account no. 201028700770 at Indusind Bank (in which the amount of Rs. 25 Lakhs of the complainant was credited). Thereafter, accused Devender handed over the said account along with its pass book, cheque book, ATM Card and the sim card of the registered mobile no. 9501664451 to accused Harpreet Singh. Accused Harpreet Singh further sold the said account to the petitioner Akashdeep Singh. The petitioner had given Rs. 30,000/0 to accused Harpreet Singh and out of the said amount, accused Harpreet Singh gave Rs. 10,000/0 to accused Devender."

¶5I have heard the learned counsel for the parties and perused the case file meticulously.

¶6In the present case, it is apparent that the all the accused including the petitioner were in constant touch with each other and cheated the complainant to the tune of Rs.25,50,000/-. Thus, the custodial interrogation of the petitioner is required for obtaining information about the cheque book, pass-book, ATM card, sim card etc.

¶7In view of the above, the present petition stands dismissed. 3N.S. SHE7HA8AT4

10.09.2024           JUDGE <*' 8+"!+"/ S," *&(-=R" 'o("$) YES = NO 8+"!+"/ R",o/! >?") YES = NO