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The Allahabad High Court this week refused to grant bail to a man accused of running a fake lottery to dupe Indian nationals and sending the money to handlers in Pakistan. 

The bench of Justice Krishan Pahal noted, "this Court is of the view that since the matter pertains to national security although the provisions of Unlawful Activities (Prevention) Act have not been initiated against the applicant as yet, this Court does not find it a fit case for bail."

The Court was dealing with a bail application filed by one Prakash @ Jai Prakash Ruhela. Ruhela was booked under Sections 420, 467, 468, 471 of the Indian Penal Code. 

As per the allegations of the First Information Report dated November 25, 2019, the State Anti-Terrorism Squad (ATS) received information that a person, namely, Prakash is in touch with Pakistani nationals, namely, Mamu, Neer, and Asar who are involved in a racket of running fake lotteries in India.

Thereafter, Ruhela was apprehended along with another man and 30 ATM cards, his Driving Licence, Rs.2500 cash, three mobile phones, and one Samsung tablet were recovered from Ruhela's possession. Allegedly, he confessed before the police that he was in touch with the Pakistani handlers engaged in fake lottery. The other person identified himself as Dhiruddin Chaudhary.

Ruhela's counsel, however, contended that Ruhela was maliciously being prosecuted in the present case at the inkling and connivance of local police and interested persons to victimize him.

He further submitted that Ruhela was the bonafide owner of the recovered articles and he had been named on the basis of his confession before the police which is not admissible in law. He had also alleged that no evidence of terror funding was either found or brought on record by the prosecution. 

On the contrary, the State counsel submitted that Ruhela 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.

He further stated that on the data analysis of the recovered phone, it had been proved that many account numbers and cash deposit receipts had been sent to Pakistan through Whatsapp. He also referred to statements of various persons who had been duped by the said nexus run by Ruhela and the Chaudhary with Pakistani nationals.

Therefore, considering the facts and circumstances of the case, Court opined that Ruhela's case was not fit for bail and rejected his application. 

Notably, Ruhela is wanted in one more case of a similar kind in the State of Uttarakhand.

Case Title: Prakash @ Jai Prakash Ruhela v. State of U.P.