The Orissa High Court has denied bail to one Mohammad Iqbal Hussain who was found to be having links with a Pakistani intelligence officer linked to Inter-Services Intelligence (ISI).
A Single Bench of Justice Sashikanta Mishra passed this order while hearing an application under Section 439 CrPC filed by Hussain.
The petitioner is in custody since 20.9.2023 in connection with STF P.S Case corresponding to CT Case pending in the Court of the SDJM, Bhubaneswar, for the alleged commission of the offence under Sections 419/ 420/ 465/ 467/ 468/ 471/120-B/34 IPC and Section 66(C) and Section 66(D) of the Information Technology Act, 2000.
The Court noted that,
The prosecution case as revealed from the FIR lodged by one Trupti Ranjan Dash, S.I of Police, STF, CID, CB, Bhubaneswar on 12.5.2023 before the SP, STF, CID CB, Bhubaneswar, is that as per reliable information received, one Pathani Samanta Lenka was apprehended near the Railway Station at Bhubaneswar.
On interrogation he disclosed that he and his associates, Saroj Kumar Nayak and Soumya Ranjan Pattnaik @ Pattanayak have engaged themselves in illegal business by sharing OTPs and mobile numbers to the members of a group which included foreign nationals including nationals from Pakistan as members.
In the process they earned money for activation/registration to different social platforms for their pecuniary gain.
Said Pathani Samanta Lenka is member of a Facebook group named ‘Free Recharge Box’ which has about one lakh members including foreign nationals. The SIM cards were purchased by them from one Pradyumna Kumar Sahoo @ Pinku. On the information given by Pathani Samanta Lenka, raid was conducted in the house of the other accused persons and several incriminating articles were seized.
It further came to light that Pradyumna Kumar Sahoo @ Pinku was working as Jio Point Manager of Nayagarh and Jagannath Prasad areas and he has shared a large number of SIMs and more than 150 Paytm wallets to Pathani Samanta Lenka by using the Identity Cards of different persons of the said area.
He also shared OTPs to different anti- socials and anti- India persons including agents of Pakistan having ISI link. On such FIR, STF Case was registered under Sections 419/ 420/ 465/ 467/ 468/ 471/ 120-B/34 IPC and Section 66(C) and Section 66(D) of the Information Technology Act, 2000. All the said persons were arrested.
In so far as the Petitioner is concerned, it was found during investigation that as per the direction of one Hamid, who is a Pakistani national, co- accused Abhijeet Sanjaya Jambure @ Desmukh transferred some amount to the Paytm account of the Petitioner. Further, certain SIM Cards were seized from the Petitioner, which were used in the UPI transaction which also stand in the name of the Petitioner.
Counsel for the petitioner Mulia argued that there is no evidence whatsoever against the petitioner to show that he was involved in the alleged occurrence. The only thing that has come up against him is that two SIM Cards registered in his name were allegedly used for certain transactions.
Mulia further relies upon the orders of bail passed in favour of some of the co- accused persons namely, Pradyumna Kumar Sahoo @ Pinku, Saroj Kumar Nayak, Soumya Ranjan Pattnaik @ Pattanayak and Pritam Kar and submits that his client also stands on the same footing.
“I have considered the rival submissions and have also carefully gone through the case record. It is seen that there is prima facie evidence of transfer of some money by co-accused Abhijeet Sanjaya Jambure @Desmukh to the account of the Petitioner on the direction of Abdul Hamid, the Pakistani national.
The prayer for bail was refused by the Court in respect of some of the co-accused persons including Abhijeet Sanjaya Jambure @ Desmukh by noting that the investigation suggested a deep rooted conspiracy involving Pakistani Intelligence Officers, who are said to be operating a network in this country. There could also be a larger conspiracy involved.
In any event, the fact that money was transacted into the Petitioner’s account prima facie, shows his involvement and he appears to have some kind of link with Abdul Hamid, the Pakistani national having links with ISI. In the considered view of the Court therefore, the Petitioner cannot be treated at par with the co-accused persons, who have been directed to be enlarged on bail”, the Court observed while rejecting the bail application.