Sashikanta Mishra, J
1. All these bail applications arise out of the same case and therefore, were heard together and are being disposed of by this common order.
2. The prosecution case as revealed from the F.I.R. lodged by one Trupti Ranjan Dash, S.I. of Police, STF, CID, CB, Bhubaneswar on 12.5.2023 before the S.P., STF, CID CB, Bhubaneswar, is that as per reliable information received, one Pathani Samanta Lenka (Petitioner in BLAPL No.9089/2023) was apprehended near the Railway Station at Bhubaneswar. On interrogation he disclosed that he and his associates, Saroj Kumar Nayak (Petitioner in BLAPL No.10219/2023) and Soumya Ranjan Pattnaik @ Pattanayak (Petitioner in BLAPL No.10220/2023) 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 (Petitioner in BLAPL No.10971/2023). 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 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 F.I.R., S.T.F. Case No.10/2023 was registered under Sections 419/420/465/467/468/ 471/120-B/34 I.P.C. and Section 66(C) and Section 66(D) of the Information Technology Act, 2000. All the Petitioners were arrested and are in custody.
3. Heard Mr. R.K.Mallick, learned counsel for the Petitioner in BLAPL. No.10971/2023, Mr. T.K.Mohanty learned counsel for the Petitioner in BLAPL No.9089/2023, Mr. M.K. Chand, learned counsel for the Petitioners in BLAPL Nos.10219/2023, 10220/2023, 10223/2013 and 10224/2023. Also heard Mr. S.K.Mishra, learned Additional Standing Counsel for the State.
4. Mr. R.K. Mallick would argue that the Petitioners have been implicated only on suspicion and that even assuming the prosecution case as correct, the ingredients of the alleged offences are not made out.
5. Mr. M. Chand submits that the allegations levelled against the Petitioners are too far-fetched to be believed. Only because they were dealing with reactivated SIMs does not necessarily make them criminals. In any case, charge sheet has already been submitted and therefore, there is no justification to detain the Petitioners in custody any longer.
6. Mr. S.K.Mishra, learned State counsel, on the other hand, has opposed the prayer for bail by submitting that there is clear proof that the accused Abhijeet Sanjaya Jambure @ Desmukh (Petitioner in BLAPL No.10223/2023) had direct links with one Abdul Hamid, an Intelligence Officer of Pakistan having links with ISI and further that he transferred some money to the account of accused Pathani Samanta Lenka at his instance, who is the master-mind of the entire operation. It has further come out in investigation that sensitive information about the country’s defence installations were shared with the Intelligence Officer of Pakistan by one Guddu Kumar, a co-accused on the number activated by Pathani Samanta Lenka. In view of the clear evidence of the involvement of the Petitioners in buying and selling pre-activated SIMs and of sharing OTPs as well as mobile numbers among the group members to make illegal transactions of money through different social media platforms, they are not entitled to any leniency.
7. I have heard learned counsel for the Parties and have gone through the case record including the gist of the case furnished in writing by learned State counsel explaining in brief, the nature of the transactions and the modus operandi adopted by the accused persons. From the above materials, it is seen that though all the Petitioners appear to be linked to each other yet, all of them do not stand on the same footing. In so far as Pradyumna Kumar Sahoo @ Pinku is concerned, it is alleged that he supplied pre-activated SIMs to Pathani Samanta Lenka, who in turn, supplied them to Saroj Kumar Nayak and Soumya Ranjan Pattnaik @ Pattanayak. Saroj Kumar Nayak and Soumya Ranjan Pattnaik @ Pattanayak shared OTPs and mobile numbers to group members on such pre-activated SIM. In addition, Soumya Ranjan Pattnaik @ Pattanayak sold the SIM cards to Pritam Kar (Petitioner in 10224/2023) @ Rs.4,000/-, which he sold to persons outside the State at the rate of Rs.15,000/-. In so far as Abhijeet Sanjaya Jambure @ Desmukh is concerned, the evidence collected by the I.O., prima facie, reveals that he was in touch with one Abdul Hamid, a Pakistani national, said to be an Intelligence Officer with ISI link. He appears to have transferred some money to the account of Pathani Samanta Lenka purportedly on the direction of Abdul Hamid. The relevant document was seized from him by the I.O. The investigation thus suggests a deep rooted conspiracy involving Pakistani Intelligence Officers, who are said to be operating a network in this country. Pathani Samanta Lenka is said to have shared OTPs to the Pakistan Intelligence Officer from a Mobile belonging to his colleague for activation of Whatsapp in a mobile which was used in Pakistan.
8. Thus, there is, prima facie, evidence of at least Abhijeet Sanjaya Jambure @ Desmukh and Pathani Samanta Lenka being involved in anti-national activities being associated with a Pakistani Intelligence Officer. It further transpires that there could be a larger conspiracy, which may come to light in future. However, the same cannot be said of the other Petitioners. The evidence collected against them suggests that they were involved in buying and selling of pre-activated SIMs and of sharing OTPs and mobile numbers to the group members. Thus, they can be held to be, prima facie, guilty of illegal transactions but not of committing any anti-national activity.
9. For the foregoing reasons therefore, this Court is not inclined to allow the prayer for bail of Pathani Samanta Lenka and Abhijeet Sanjaya Jambure @ Desmukh (Petitioners in BLAPL Nos.9089/2023 and 10223/2023). Resultantly, BLAPL Nos.9089/2023 and 10223/2023 are rejected.
10. This Court is, however, inclined to take a lenient view in respect of the other Petitioners. Resultantly, the prayer for bail of Pradyumna Kumar Sahoo @ Pinku (Petitioner in BLAPL No.10971/2023), Saroj Kumar Nayak(Petitioner in BLAPL No.10219/2023), Soumya Ranjan Pattnaik @ Pattanayak (Petitioner in BLAPL No.10220/2023) and Pritam Kar (Petitioner in BLAPL No.10224/2023) are allowed. Let them be released on bail on such terms and conditions as the court below may deem fit and proper to impose including the following conditions;
(i) they shall appear before the I.I.C. of STF, CID.CB, Bhubaneswar on every Sunday at 10 A.M. for a period of six months and such fact shall be certified by the I.I.C. to the concerned court once every month,
(ii) they shall appear before the court below on each date of posting of the case without seeking representation,
(iii) they shall surrender their Passports, if any, in the court below before their release.
(iv) they shall not involve themselves in any similar nature or other offence,
(v) they shall provide their present address and mobile number to the I.O. and if there is any change thereof, they shall also intimate the same to the I.O., and
(vi) they shall not leave the territorial jurisdiction of the court without obtaining leave.
Violation of any of the above conditions shall entail cancellation of the bail.
The BLAPLs are disposed of.
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