Case Law Details
Rupesh Kumar Singh Vs The State of Maharashtra (Bombay High Court)
1.The Applicant is seeking anticipatory bail in connection with C.R.No.181 of 2018 registered with Nigadi Police Station, Pune. It was subsequently investigated by Cyber Crime Cell, E.O.W.. The offence is registered under sections 406, 409, 420, 120B, 109 and 201 of the Indian Penal Code (for short ‘IPC’), under sections 3 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (for short ‘MPID Act’) and under section 66D of the Information Technologyo Act, 2008.
2. The First Information Report (for short ‘F.I.R.) is odged on 15/03/2018 by one Bhimsen Agarwal. He has stated that, he came to know about ‘Bitcoins’ from his friends Hemant Chavan, Hemant Suryavanshi and Kaka Rawade. They told him that, if he invested in the Bitcoins, the company gave returns @ 10%p.m. and if the informant got other customers, he would get 8% commission and for next customer in the chain, he would get 5% commission. According to the first informant, on the representation made by the present applicant and aforementioned his three friends, the informant invested in Bitcoins. Those accused told him to open a Zeb Pay electronic wallet. An account was opened there and Bit Coins were transferred to that account. The informant’s case is that, he had transferred Bitcoins from time to time worth about Rs.1 crore. Initially, the informant was getting returns as told by the present applicant, but since December, 2016 he stopped getting returns. The informant met a Director of the company Amit Bharadwaj in Dubai. He, however, told the informant that it was difficult to return Bitcoins because they had already sold those but the informant could get another Crypto currency by name M-Cap and for that he had to open a new wallet known as ‘Coin Bank’. The informant tried to sell that Crypto currency M-cap but he was not getting returns. He realised that he was cheated and, therefore, this F.I.R. was lodged. The investigation was carried out, most of the accused were arrested and subsequently released on bail. At present the investigation under section 173(8) of Cr.p.c. is going on.
3. Heard Mr. Vivek Babar, learned counsel for the applicant and Shri. Ajay Patil, learned APP for the State.
4. This application is pending since 2018. The applicant was protected by an interim order dated 21/08/2019. It was submitted on his behalf that he himself had invested in that scheme and, therefore, there could not be any dishonest intention on his part. On 16/09/2019 submissions were made that the applicant’s health condition was not good, therefore, interim order was extended vide order dated 16/09/2019. In that order, directions were issued to the applicant to attend the concerned police station from 03/10/2019 to 17/10/2019 and he was directed to co-operate with the investigation. However, he did not attend the police station and did not co-operate with the investigation. Vide order dated 17/01/2020 the applicant was again directed to attend Cyber police station, Pune on 27/01/2020, 28/01/2020 and 29/01/2020. Interim relief was continued but even then he did not attend the police station
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