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| Court rejects bail plea of five in OLX fraud case | | |
Early Times Report
JAMMU, Jan 11: Special Judge Electricity Jammu, Aarti Mohan today rejected the bail applications of five Rajasthan persons Asif Khan, Arish Khan, Munish Khan, Irfan Khan and Shoket Khan involved in OLX fraud case.
On December 8 2021, a complaint was received at Cyber Police Station Jammu lodged by Dr Sanjib Kumar Baishya, son of late Pabitra Kumar Baishya of 26, Mall Apartments, Mall Road, Delhi-110054 alleging that unknown fraudster impersonating himself as an officer of CISF working in Guwahati, Assam posted his photo in uniform, contact details along with few pictures of household items for sale on Quikr online platform.
Being interested in buying the items, the complainant contacted the fraudsters and consequently lost his hard earned money. Acting over this, FIR 39/2021 under Sections 66-D of IT Act r/w 420 and 120-B IPC got registered at Cyber Police Station Jammu and investigation started. During the course of investigation, transactions involved were scrutinized, registration details of Quikr advertisement were obtained and accordingly based on location of the fraudsters, it was ascertained that these fraudsters are operating from different areas of Alwar city of Rajasthan.
Special Judge Electricity Jammu observed that the accused are involved in a serious and non-bailable offence under various sections of IPC and IT Act. Although the liberty of the individual is fundamental and is required to be guarded by the courts however the protection of the liberty of the individual is not absolute and a balanced approach keeping in view the interest of the society and personal liberty of the individual has to be adopted.
While considering bail applications the court is required to consider various factors which includes reasonable grounds to believe that accused have committed the offence, nature and gravity of charge the severity of the punishment, the antecedents of the accused, their status in society as well as the larger interest of public or state, likelihood of accused absconding and offence being repeated, reasonable apprehension of witnesses being tampered with etc.
In case, it is felt that the grant of bail would thwart the course of justice the court would be well within its right to deny bail to an individual. As per preliminary investigation the accused seems to be running an organized criminal operation whereby innocent people are being duped. Accordingly the applications in hand are dismissed at this stage.
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