TaxTMI 
TaxTMI 
TaxTMI 
2025 (11) TMI 441
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....t i.e. Bidhannagar Cyber Crime P.S. Kolkata bearing FIR No. 12/2023 dated 28.01.2023. 4. The factual background of the prosecution case I. The brief case of the prosecution is that an information was received regarding cyber fraud, which was alleged to be committed from Ms. Carmel Fox (an Irish National), vide letter bearing Ref. No. E-Ireland/Misc/02/2023/05/433 dated 19.04.2023 from AD, NCB India (CBI) forwarded a copy of an e-mail dated 07.04.2023 from NCB-Ireland. It is alleged that an Irish National was cheated an amount 950 Euros (Rs. 84,941.40) through cyber fraud on 07.12.2021 and proceeds of crime has been transferred to India. It is alleged that Ms. Carmel Fox received a call from Mobile No. 0833989852316 identifying herself as Stephanie from Eircom Technological Service and asked her about her broadband connection and said that she was due a refund of 250 Euros and asked her bank account details, which Ms. Carmel Fox provided. It is further alleged that as per information provided by NCB Ireland that one Nitesh Kumar, a native of Patna, Bihar transferred an amount of 950 Euros from credit card of Ms. Carmel Fox to a rewire bank account which was further transferred....
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..... 36,69,196/- in the bank account nos. 268901500931, 110301507808, and 50100461230150 268901000604 in the name of the petitioner, Tara Baranwal (mother) and Suman Mahato (wife of the petitioner) maintained with HDFC Bank and ICICI Bank from various associates and mule account. IV. Receipt of proceeds of crime of Rs. 15,35,717/- in account bank 110301507808, 50100461230150 and the nos. 268901500931, 268901000604 in the name of the petitioner, Tara Baranwal (mother) and Suman Mahato (wife of the petitioner) maintained with HDFC Bank and ICICI Bank from Robin Kumar Yadav through online platform/payment 2 gateways namely Lendbox. Resilient Innovations Pvt Ltd and Wunderbaked Technologies Pvt Ltd. V. Md. Hussain deposited the proceeds of crime of Rs. 15,21,500/- in the bank 268901500931. 50200068738729, 268901500982 and in the name of Ramesh Prasad Baranwal and his mother Tara Baranwal maintained with HDFC Bank and ICICI Bank. 5. On the basis of aforesaid complaint, Special Trial (PMLA) Case No. 03/2024 dated 16.02.2024 was instituted and the petitioner was arrested on 21.06.2024 at 5:00 AM vide Letter No. F.No: PTZO/27/2023 dated 21.06.2024 by the respondent author....
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.... following in paragraph - 7:- "7. Adverting to the prayer for grant of bail in the instant case, it is pointed out by learned counsel for ED that the complaint case is at the stage of framing of charges and 24 witnesses are proposed to be examined. The conclusion of proceedings, thus, will take some reasonable time. The petitioner has already been in custody for more than a year. Taking into consideration the period spent in custody and there being no likelihood of conclusion of trial within a short span, coupled with the fact that the petitioner is already on bail in the predicate offence, and keeping in view the peculiar facts and circumstances of this case, it seems to us that the rigours of Section 45 of the Act can be suitably relaxed to afford conditional liberty to the petitioner. Ordered accordingly." Submission on behalf of the ED 10. By filing counter affidavit, Mr. Tuhin Shankar, learned counsel appearing on behalf of the Enforcement Directorate vehemently opposes the prayer of bail of the petitioner and submitted that during course of investigation, it is revealed that Ms. Carmel Fox, who is an Irish National was cheated with an amount of 950 Euros, which....
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.... offence (under this Act) shall be released on bail or on his own bond unless -] (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail; (2) The limitation on granting of bail specified in [***] of sub-section (1) is in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail." 15. From the aforesaid legal discussions, it can be said that this Court is only required to place its view based on probability on the basis of reasonable materials collected during the investigation. From the perusal of materials collected during investigation, it transpires that this petitioner was found as an associate of Robin Yadav. Petitioner prima facie found involved in commission of money laundering and assisting the accused persons. The analysis of data as collected from the I-Phone of Robin Yadav suggests....