The Allahabad High Court has rejected the bail application of Mohammad Kashif, accused of extorting people for getting their work done from Government departments by impersonating himself as a close associate of Union Ministers.
A Single Bench of Justice Samit Gopal passed this order while hearing a Criminal Misc Bail Application filed by Mohammad Kashif.
An Enforcement Case Information Report (ECIR) was registered on 19.04.2023 by the opposite party/Enforcement Directorate on the basis of an FIR lodged as Case under Sections 419, 420, 467, 468, 469, 471 IPC and Section 66D of the Information Technology Act, 2000, Police Station Surajpur, Noida, District Gautam Budh Nagar, Uttar Pradesh on 19.04.2023 against the applicant Mohammad Kashif alleging therein that an information was received that the accused was involved in extortion of money from people for getting their works done from Government Department by impersonating himself as a close associate of Ministers of Government of India.
Inputs were generated from surveillance regarding national security and suspicious activities were noticed with respect to him since the last two (02) years. Mohammad Kashif extorted money by impersonating himself as a person close to the Prime Minister and other Ministers of Government of India by unauthorizedly posting morphed/edited photos with the Prime Minister and other Ministers of Government of India on his social media accounts being Facebook and Instagram.
Posting of the said photographs was to influence people to gain personal financial benefits. The scrutiny further revealed that by influencing people by impersonating closeness to Ministers, he has got work contracts from the Government of Rajasthan and other departments. He was intercepted by Noida Police in a car (Mercedes make) alongwith three mobile phones.
On further checking his phones, Facebook Account and Instagram account id were found to be installed. Examination of said social media accounts revealed that he had posted photos with the Prime Minister of India and other Ministers of Government of India. He also posted an invitation card in his name for the Oath Taking Ceremony of Prime Minister of India for 30.05.2019, invitation card in his name for lunch with the Prime Minister of India on 20.02.2019 and other such documents. All the said photographs appeared to be morphed/edited.
On interrogation by the police, he revealed that by impersonating himself as a close associate to the Prime Minister of India and other Ministers, he extorted money from the people for allotment of government works from various Ministries, getting Government Jobs and other such works.
He has illegally earned money which has been deposited in his HDFC Bank Account, in bank account in the name of his firm M/s Advice Allys’s, in the account of his company M/s Allyy Techsoft Private Limited and in the bank account of his friend Tanu. The offences under Sections 419, 420, 467 and 471 of Indian Penal Code, 1860 are covered under the definition of schedule offences as per Sections 2(1)(x) and 2(1)(y) of the Prevention of Money Laundering Act, 2002 (PMLA).
Thus the money collected by the accused due to his criminal activities related to the scheduled offences are Proceeds Of Crime as per Section 2(1) (u) of PMLA, 2002. A prima facie case of money laundering under Section 3 of Prevention of Money Laundering Act, 2002 punishable under Section 4 of the said Act appears to have been made out. An ECIR is thus assigned to the case and taken up for investigation under the provisions of PMLA, 2002, HQ- STF Zone, dated 19.04.2023.
After investigation a complaint dated 28.07.2023 was filed before the Special Judge, Anti-Corruption, CBI/PMLA, Ghaziabad, Uttar Pradesh, under Section 44 read with Section 45 of PMLA, 2002, titled as “The Assistant Director, Special Task Force, Enforcement Directorate vs Mohammad Kashif”, with the following prayers:- “In the facts and circumstances stated hereinabove, it is most humbly prayed that,
A) The Court may be pleased to take cognizance of the offence against the accused for the offence of money-laundering as defined under Section 3, punishable under Section 4 of PMLA, 2002, and issue process against the accused.
B) The cash amounting to Rs 1,10,50,0000 recovered and seized from the residence of Mohammad Kashif may be confiscated under Section 8(5) of Prevention of Money Laundering Act, 2002.
C) To grant any other relief, which the Court deem fit and proper, in the facts and circumstances of the case.”
The bail application has been filed by the applicant thus in the said case with the following prayers:-
“It is, therefore, most respectfully prayed that in view of the facts and circumstances and those detailed in the accompanying affidavit, it is in the interest of justice that the Court may kindly be pleased to grant the bail to the Applicant in Sessions Case under section 3/4 PMLA, 2002, PS-Enforcement Directorate New Delhi, in the interest of justice, on any condition which the court may deem fit and proper on the facts and circumstances of the case.
And the Court may further be pleased to pass such other and/or further order as may be deemed necessary under the facts and circumstances of the case.”
“After having heard counsels for the parties and perusing the record, it is evident that the applicant was involved in posting morphed and edited photographs of himself along with the Prime Minister of India and other Ministers of Government of India. He had been impersonating and thus misrepresenting his status and extorting money from people for getting their work done through Government Agencies for personal financial gains.
His Facebook Account and Instagram Account revealed posting of the said photographs along with the other documents (invitation card in his name of Oath Taking Ceremony of the Prime Minister of India, invitation card in his name for lunch with the Prime Minister of India etc) just for persons to believe that he was a person well known to them and thus was successful in extorting them.
The recovery of huge amounts of money and other related documents and articles corroborate his deeds. The trial in the matter has started in which evidence of one prosecution witness (Sharmila Dalmia) has been recorded. There is nothing credible to overcome the twin conditions of Section 45 of PMLA, 2002.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail,” the Court observed while rejecting the bail application.
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