"Matter Pertains To National Security": Allahabad HC Denies Bail To Man Accused Of Running Fake Lottery, Sending Money To Pakistan

The Allahabad High Court recently denied bail to a man who has been accused of running a fake lottery to dupe Indian nationals and sending the money to handlers in Pakistan.

The Bench of Justice Krishan Pahal opined that even though the provisions of the Unlawful Activities (Prevention) Act have not been initiated against the bail-applicant, prakash, however, since the matter pertains to national security and therefore, it is not a fit case for bail.

The Case in brief

Essentially, the bail applicant had been booked under Sections 420, 467, 468, 471 of the Indian Penal Code after it was found in the police probe that he was in touch with Pakistani nationals, who are involved in a racket of running fake lotteries in India.

Thereafter, the bail applicant was apprehended along with another man, and 30 ATM cards, a Driving Licence, Rs.2500/- cash, three mobile phones, and one Samsung tablet were recovered from his possession.

Allegedly, both of them confessed that they are involved in duping the Indian nationals by opening fake accounts thereby facilitating the Pakistani nationals in using the said account.

It was further alleged that he used to open fake accounts on the basis of forged documents and asked the Indian nationals to deposit their money in the said fake accounts on the pretext of getting lottery and after deducting their commissions, the accused persons transferred the remaining amount to the accounts of Pakistani handlers.

Opposing his bail plea, the State's counsel argued that it had been proved that many account numbers and cash deposit receipts have been sent to Pakistan through Whatsapp. He also referred to statements of various persons who have been duped by the said nexus run by the applicant and the co-accused Dhiruddin Chaudhary with Pakistani nationals.

It was further submitted that the evidence collected during the investigation categorically establishes the offences and the activity of the accused applicant with the handlers sitting in Pakistan and that the charge-sheet against the applicant had been filed for the offences u/s 420, 467, 468, 471 and 120-B IPC and further investigation of the case is still in progress.

Lastly, it was told to the Court that the data analysis of mobile numbers had revealed the details of the Whatsapp chatting and audio clips with the handlers sitting in Pakistan wherein 81 bank deposit receipts have also been sent to Pakistani handlers as proof of deposit. 

Considering the facts and circumstances of the case, the number of articles recovered from the possession of the applicant and also the evidence placed on record as well as the submissions advanced by the counsel for the parties, the Court was of the view that since the matter pertains to national security have not been initiated against the applicant as yet, the Court didn't find it a fit case for bail.

Case title - Prakash @ Jai Prakash Ruhela v. State of U.P
Case Citation: 2022 LiveLaw (AB) 129

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