Sandeep Goswami vs The State Of Madhya Pradesh
2022 Latest Caselaw 12263 MP

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      IN THE HIGH COURT OF MADHYA PRADESH
                         AT INDORE
                           BEFORE
             HON'BLE SHRI JUSTICE ANIL VERMA

               ON THE 14th OF SEPTEMBER, 2022


              MISC. CRIMINAL CASE No. 39475 of 2022


BETWEEN:-
SANDEEP   GOSWAMI    S/O  RAJKUMAR
GOSWAMI,   AGED   ABOUT  35   YEARS,
OCCUPATION: PRIVATE JOB NEAR GORI
PATEL DWARKA VIHAR COLONY TILI WARD
SAGAR (MADHYA PRADESH)
                                                .....PETITIONER
(SHRI RAJ KISHOR CHOUDHARY ALONGWITH
SHRI
JEEVAN SINGH GURJAR, LEARNED COUNSEL
FOR THE PETITIONER)

AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
CYBER AND HITECH CRIME DISTRICT
INDORE (MADHYA PRADESH)
                                                ...RESPONDENT
(PROXY COUNSEL SHRI GOVIND PUROHIT GA
APPEARING ON BEHALF OF ADVOCATE
GENERAL.
MS SONALI RAJORIA, LEARNED COUNSEL FOR
THE RESPONDENT [COMP])


      This application coming on for hearing this day, the court
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passed the following:
                           O R D E R

Applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since . 27.11.2021 in connection with Crime No. 116/2021 registered at P.S. - Cyber and Hitech Crime Indore District (M.P.) for commission of offence punishable under Section 408, 409, 419, 420, 201, 120(b), 34 of IPC, 43, 65, 66(c), 66(d) of IT Act.

As per the prosecution story, it is alleged that the applicant has committed fraud of crypto based product cryptocurrency such as 25 BTC and 30ETH amounting to Rs. 6.70 crore transferred from complainant's customer wallet addressed to some suspended fake wallet address. It is further case of prosecution that the applicant has removed the company's server logs and has mishandled the company's computer code. Accordingly a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Applicant is in jail since 27.11.2021. Investigation is over and charge sheet has been filed. Applicant is an employee in the company and he has not induced anyone to invest in the policy of the company. The complainant neither made any complaint in the police nor made any statement before the police about the offence. The applicant is a permanent resident of District Sagar. He has

placed reliance upon judgment of Hon'ble Apex court in the matter of Sanjay Chandra Vs. Central Bureau of Investigation reported in (2012) 1 SCC 40. Hence, he prays that applicant be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

Learned counsel for objector also opposes the bail application and prays for its rejection by submitting that present applicant is the main accused, his IP address has been found in the whole transaction, hence he does not deserve for bail.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation it is noticed that the present applicant was working as Software Engineer in the complainant's company and he has been assigned job to write code for client, server related and database work. Allegedly the applicant has committed fraud of 25 BTC and 30ETH worth amounting to Rs. 6,70,00,000/- . It is also contended by the prosecution that complainant Rio Takeshi Kubo citizen of Japan has also made complaint to the police, other accused persons are still absconding. It is a case of committing fraud with the foreign citizen and such type of crime defames the name of our Country. Therefore, in view of the prima facie evidence available

on record, this Court is not inclined to grant bail to the applicant. The reliance placed by counsel for applicant in the matter of Sanjay Chandra (supra) is distinguishable on its own fact.

Hence this repeat bail application filed by applicant under section 439 of Cr.P.C. is hereby dismissed.

Certified copy as per rules.

(ANIL VERMA) J U D G E BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.09.14 15:55:54 +05'30'