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Srinagar, June 18 (KB): Cyber Police Kashmir, had arrested Srinagar-based notorious con-man involved in dozens of online cheating and fraud cases. A team of Cyber Police Kashmir apprehended a person identified as; Haroon Fayaz Bazaz son of Fayaz Ahmad Bazaaz resident of Alamgari BazaarbSrinagar from New Delhi.
The accused has duped dozens of people on the pretext of selling online clothes and cheap airline tickets, and he was mainly operating from Delhi and Goa.
As per the FIR number: 25/2011 U/S 66D act,419,420/IPC, the con-man tried to get a bail in JMFC court sringar but the bail was denied.
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Ld APP Mr. Latief Ahmad Lone contends that the offences committed by the accused are of serious magnitude having far reaching ramifications which are borderless as the accused has not only defrauded and cheated one person but has been transacting regular business of cheating inducing and alluring many innocent people to purchase low air fare tickets, lady products or garments and thereby wrongfully gained the profits by depriving the innocent people of their legitimate money and later on the tickets were never provided to such customers nor the items were ever delivered.”
“It is further emphasized, by Ld APP that the investigating agency sought intervention of IGP Kashmir, to constitute a team to arrest the person from Delhi as the accused person was changing his locations and the police party utilized technical expertise and investigative acumen in tracing out and apprehending the accused.”
Ld APP, submits that this is one of the exceptional case in which bail may be rejected as the accused has applied established modus operandi to use SIM cards and various techniques to deprive common people by using social media to extract money from them through deceitful means.”
As per records, “accused person has duped the victims of a huge amount of Rs.4,38,900/- and thus, he cannot be enlarged on bail. Ld APP submits that bail is a discretionary relief in non bailable offences and the accused is not entitled to concession of bail and as such, he prays that the application for bail may be dismissed.”
“The police report does not support the contention of the Ld Counsel for the accused because as per the police report the accused has committed the serious offence which is not civil transaction between the accused and various alleged victims of such offence. This case appears to be entirely different where social media platform having global access to the common masses has been used for committing the grave offences where its impact is unforeseen across and beyond the defined boundaries of the countries.”
In the instant case, “the impact of the offence or to say that its consequences, at this initial stage of investigation, has been traced on the victims named in the report of the Cyber police and it is yet to be ascertained as who else is victimised by the accused. If the accused, at this initial stage, is enlarged on bail it will certainly result in hampering the smooth investigation of the case where the impartial investigation may be impeded by tampering with or obliterating the online record available on different web-sites of some social networking sites.”
The state is under legal duty to protect its citizen from becoming prey to any mischievous acts and misadventures of certain person so as to maintain proper law & order in the society. The state has the responsibility to ensure that not only the life but property of the persons is duly protected.
“The instant crime is such glaring deprival of lawfully earned money of the people of this country where responsibility of the state is to ensure not only that such offender is punished in accordance with law but such offences don’t take place with other citizens as well.”
“The broader and wide platform the accused uses is, the grave may be its consequences and repercussions. Social media sites have converted the entire world into one global village and therefore, the modus operandi of misusing social media platform by accused distinguishes his case from the other cases and brings his case into exceptional category depriving the accused from the concession of the bail.”
Accordingly, Honourable “Judicial Magistrate Mr Fayaz Ahmad Qureshi feels it appropriate to enable investigating agency to investigate the matter properly. For this purpose, investigational custody is required by the concerned police to appropriately conclude its investigation. The conduct of the accused, as stated in the police report, is also alleged to be such that the accused changed his locations to evade his arrest and the police could arrest the accused after extraordinary efforts made at the cost of state exchequer and so, there is a possibility that the accused may flee from the course of justice and thwart the process of law.” (Kashmir Bulletin–KB)
