New Delhi, A Delhi court on Tuesday granted bail to a man, accused of defrauding a US citizen of ₹3.39 crore online by inducing her to transfer money from her account through crypto currency wallet.
Special judge Shailender Malik granted bail to one Lakshay Vij, observing the allegations itself cannot be regarded as the gospel truth when not supported by any material.
“Allegations against the accused are also not supported with any material or evidence. Allegations by itself cannot be taken to be gospel truth when the same is not supported by any material,” the judge said.
The court noted the allegations against the accused person were not supported with any material or evidence.
The judge found no explanation why the co-accused persons were never arrested and the applicant, whose name was not even in the FIR, was held.
The applicant was stated to have joined the investigation on May 31, and later on June 3, 4 and 18, 2024, but arrested on October 24, 2024.
“Even if facts as stated in the reply of CBI, are taken on the face of it, it is in the allegations that accused was member of WhatsApp group with other accused persons and gave instructions for transfer of crypto currency in different bank accounts. Such allegations on the face of it are very serious. When prosecution was called upon to show the material in support of those allegations, no material could be shown,” the judge noted.
The order observed there was no explanation over the disparity in the investigation of arresting only a particular accused person and not arresting the accused persons named in the FIR.
“Accused is admitted to bail upon furnishing of personal bond in the sum of ₹1 lakh with one surety in the like amount,” the judge said.
The CBI said the accused defrauded the US citizen of ₹3.39 crore online by misrepresenting and inducing her to transferring money from her account through crypto currency wallet.
USD 400,000 was converted into crypto currency and further transferred to crypto wallet of the accused persons.
The CBI alleged the applicant was instructing co-accused persons regarding transfer of crypto currencies, however, the defence counsel said the allegation was not substantiated by any material or evidence.
The counsel said the prosecution was relying on the statement of the co-accused which was “inadmissible” and allegations were based on a WhatsApp chat, which cannot be relied upon in the absence of forensic evidence or connecting evidence with the accused.
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