Srinagar- A court in Srinagar on Thursday rejected the bail application of a person, accused along with others, of creating a fake website in the name of Health and Medical Education Department and uploading fake orders to deceive unemployed youth in J&K.
“Taking note of all the facts and high magnitude of the case and the fact that the investigation in the matter is at its initial stage, I opine, that if at all the accused is released on bail at this stage the same would frustrate the investigation as well as shake the confidence of general public in the judicial system,” said Ms. Fozia Paul, City Magistrate Srinagar, while rejecting bail plea for the accused, Sajad Hussain Zargar of Hamdania Colony Bemina Srinagar.
“Keeping in view, the entire factual matrix and the material on record, the accused person at this stage is not entitled to the concession of bail and as such instant bail application is ‘rejected’.”
The court said that while fake orders referring to the Health and Medical Education Department have been created and uploaded on the website, “this being a scam wherein official website of Health and Medical Education Department has been cloned by the accused alongwith other persons who are still absconding and thereby issuing fake appointment orders to innocent people who have become victims of this fraud, is a matter of serious concern.”
In addition, the court said, it is a techno crime punishable under section 66 of IT Act which is a social economic offence quite rampant and pervasive social wrong doing.
“Undoubtedly, it is the most consequential threat to a nation’s economy at large and law in particular,” the court said, adding, “In the instant matter, the act of the accused person in connivance with other persons seems to be a well planned and cultivated act, which hampers the well being of a society since such crimes have the effect of alluring innocent people who fall victims into the hands of such fraudsters on the pretext of employment.”
Sajad Hussain Zargar was arrested in connection with case (FIR No. 16/2023) of police Cyber Police Station Kashmir Zone Srinagar for offences u/s 66-D IT Act, 34, 120-B, 468 IPC, according to prosecution said.
The Police Station, the prosecution said, received a written communication from Deputy Secretary to the Government Health & Medical Education Department for registration of FIR for creation of a clone or fake commercial website with URL https://Jk-gov.com in the name of Health and Medical Education Department by some unknown persons.
The data/interface actually borne on the official website of the Health and Medical Education Department under the URL://hime.jk.gov.in has also been cloned, it said. Besides fake orders referencing to the Health and Medical Education Department of J&K were created and uploaded on the website, the complaint mentioned.
As such, it said, there was every apprehension that the data and the fake orders, so uploaded may be misused by the unscrupulous elements to the detriment of public interest at large.
Police set the investigation into motion, unearthing that 10 such unemployed and educated persons (victims) were allured by the accused persons and were made to pay money in lieu of fake government jobs.
“Consequently, they received some money as advance payments and were intending to extort huge amounts from the victims, after providing them fake appointment orders,” the prosecution said. Accordingly, the prosecution said, suspected persons were directed to report Cyber Police Station and consequently one of them Sajad Ahmad Zargar of D Hamdaniya Colony Srinagar upon questioning admitted to his crime and was accordingly, arrested.
While some accused have been arrested, the prosecution said, other suspect persons are absconding and are yet to be arrested in the instant case. “Efforts are being made to arrest other accused persons also.”
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