Delhi High Court - Orders
Navjot Singh Alias Kevin Baker vs State Of Delhi on 31 May, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1686/2021
CRL.M.(BAIL) 579/2021 (for interim bail)
NAVJOT SINGH alias KEVIN BAKER ..... Petitioner
Represented by: Mr. D. Hasija, Advocate
Versus
STATE OF DELHI ..... Respondent
Represented by: Mr. Ravi Nayak, APP for the State
with Insp. Sajjan Singh, PS Special
Cell.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 31.05.2021 The hearing has been conducted through Video Conference.
BAIL APPLN. 1686/20211. By this petition the petitioner seeks regular bail in case FIR No.83/2021, under Sections 419/420/468/471/120B/34 IPC and Sections 66C/66D of the Information Technology Act, registered at PS Special Cell.
2. Learned counsel for the petitioner contends that even as per the charge sheet, copy whereof has been filed with the status report, the petitioner was only an employee of the owner of the fake Call Center of one Mr. Rahul Chopra, who has not been arrested till date, and that the other co-accused persons have already been released on bail, except the petitioner. Since the main accused has not been arrested so far and the trial is likely to take some time, no recovery is required to be made from the petitioner, the Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 1686/2021 Page 1 of 5 Signing Date:31.05.2021 14:11:14 petitioner has clean antecedents and he was lured into this job without knowing the consequences, and had joined only after the company was constituted by Rahul Chopra in August, 2020. Thus petitioner be granted regular bail.
3. Mr. Ravi Nayak, learned Additional Public Prosecutor for the State opposing the bail application submits that the petitioner had filed an interim bail application before the learned Trial Court and here also the petitioner seeks interim bail as well. He further states that the petitioner was a team leader in the Call Center and a large amount of money was transferred to his account as incentives and thus, he was clearly conscious of the fact that the citizens abroad were duped into this action, they threatened the innocent citizens in USA on the pretext of drugs, money laundering and induced them to pay money to the tune of 100, 200 and 500 USD in the form of Google Gift Cards. The petitioner has link with the main accused Rahul Chopra as is evident from his mobile phone number and was being paid a salary of ₹30,000/- besides incentive @ 2% of the total cheated amount from the victims.
4. At the outset, the learned counsel for the petitioner states that since the condition of the petitioner's father was serious, the petitioner was constrained to file interim bail application before the learned Trial Court, however, due to the pendency of the present bail application, the said application was withdrawn on 19th May, 2021, copy of which order has also been filed with the status report.
5. Learned counsel for the petitioner further states that in the meantime the father of the petitioner has passed away on 24th May, 2021. He further Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 1686/2021 Page 2 of 5 Signing Date:31.05.2021 14:11:14 states that now the petitioner does not press the interim bail application but seeks regular bail on merits.
6. The above noted FIR was registered on the complaint of SI Avdesh Yadav who stated that he received a secret information about a fake Call Center being run near Nawada Metro Station, Uttam Nagar and involved in a large scale cyber cheating with US citizens on the pretext of misuse of Social Security Number of the said citizens of US. The said information was developed and the secret informer informed that the said illegal call center was functioning at 11A, Gulab Bagh, Nawada, Uttam Nagar, Delhi at the first floor. Thereafter, the raid was conducted at the premises where 9 persons were engaged on the computers installed in the premises and these persons were engaged in communications with the victims. The said persons were impersonating as employees of Social Security Administration Department, USA and were using illegal techniques, VOIP callings by bypassing the Legal International Long Distance gateways and thereby causing wrongful loss to the govt. exchequer, besides cheating innocent people residing in USA on the pretext of saving people from suspending Social Security Number.
7. The role assigned to the petitioner is that the petitioner was the team leader and the owner of the said call center was one Rahul Chopra. As per the investigation, the modus operandi adopted by Rahul Chopra was that he used to get IVR calls login ID for the portal link to make calls to citizens of US. By logging on this portal, the tele-callers received queries from the US citizens regarding their Social Security Number. A pre-written script was provided to the tele-callers who posed themselves as officers of the Social Security Administration, and the present petitioner posed himself as Kavin Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 1686/2021 Page 3 of 5 Signing Date:31.05.2021 14:11:14 Baker, a Social Security Administration Officer. Dialing software and the said script and calling date were also recovered from the desktop computer used by the present petitioner.
8. The petitioner and the team members used to interact with the victims threatening them of suspension of their Social Security Number due to some illegal activity and induced the victims to pay the money to the tune of 100, 200, and 500 Dollars in the form of Google Gift Cards, receiving in digital forms. They also used to procure 16 digits code of the Google Gift Card from the victims, which were forwarded to the owner Rahul Chopra, who in turn encashed the same through blockers in Indian currency and the record of the said Google Gift Cards was also maintained by the present petitioner.
9. From the spot besides the petitioner eight more accused were arrested. The salary received by the petitioner was ₹30,000/- per month whereas by the other accused was ₹ 20,000/- per month. From the date of employment of the petitioner, the petitioner had till date received an incentive for a sum of ₹13,22,860/- whereas the other team members received incentive from ₹15,000/- onwards approximately. The co-accused have already been granted bail. The main accused Rahul Chopra has not been arrested till date. The petitioner was a salaried employee of Rahul Chopra.
10. Considering the fact that the investigation from the petitioner has been carried out and he has been in judicial custody for more than two months now and besides the petitioner, other eight salaried employees who were arrested from the spot have since released by the learned CMM, this Court deems it fit to grant bail to the petitioner.
11. Consequently, the petitioner is directed to be released on bail on his furnishing a Personal Bond in the sum of ₹50,000/- with two Surety Bonds Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 1686/2021 Page 4 of 5 Signing Date:31.05.2021 14:11:14 of the like amount, subject to the satisfaction of the learned Trial Court/ Duty Magistrate, further subject to the condition that the petitioner will not leave the country without the prior permission of the Court concerned, and in case of change of his mobile number and/ or the residential address, the same will be intimated to the Court concerned by way of an affidavit. Further, subject to the condition that the petitioner will also report to the SHO PS Special Cell once on the first Monday of every month and will submit him the details of his employment.
12. Petition is disposed of.
CRL.M.(BAIL) 579/2021 (for interim bail)
1. The application stands disposed of as infructuous.
2. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
MAY 31, 2021 vk Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA BAIL APPLN. 1686/2021 Page 5 of 5 Signing Date:31.05.2021 14:11:14