Delhi High Court - Orders
Mohd.Imran Khan vs State Nct Of Delhi on 21 September, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2924/2023
MOHD.IMRAN KHAN ..... Petitioner
Through: Mr. Parveen Dabas, Advocate.
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. Aman Usman, APP for the State.
Insp. Raj Kumar Singh, PS Cyber
Central.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 21.09.2023
1. The present application under Section 439 of the CrPC seeks regular bail in case FIR No. 30/2021, under Sections 406/420/120B of the IPC, Sections 4/20/21/25 of the Indian Telegraph Act and Section 65 of the IT Act, registered at P.S. Hauz Qazi.
2. The case of the prosecution, as stated in the status report dated 16.09.2023 authored by Sh. Khemendra Pal Singh, SHO, PS Cyber, Central District, Delhi, is as under:
"1. Briefly stated the facts of the case are that on 05-02-2021, a complaint was received in Police Station Hauz Qazi, Delhi from the complainant Sh. Ankit Shukla, ADET Security, LSA, Department of Telecom, Delhi. He alleged that one illegal International Telephone Exchange setup in Chawri Bazar, Old Delhi area has been found, It was run by one Zulifiqar Ali alias Raja, proprietor of Adeeba Enterprises at premises 3792-93, Choori Walan. Chawri Bazar, Delhi. He was using "New Era" software-driven technology for routing calls from foreign countries like USA, UAE, Canada, Australia etc. to India via illegal route This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2023 at 00:20:47 of internet by passing the legal International and National call gateways of India. This illegal telephone exchange had a capacity of handling 2500 international calls simultaneously using the 2500 SIP channels taken from Reliance Jio, biggest illegal setup in India. It was causing huge financial loss to government and telecom companies to the tune of 1.2 crore rupees per day. This setup was so advanced that it was handling on an average 3 lakh International calls per day through illegal route to India. The setup was collecting foreign incoming calls via the internet of about 1Gbps capacity links taken from internet companies i.e. Airtel and Excitel. These calls were then routed towards Indian Telephone/Mobile numbers through heavy end servers and software tools and terminated the calls to the destination numbers in India using SIP Trunk facility taken from Reliance Jio. This illegal set up was being run in the name of "Adeeba Enterprises" with Mr. Zulfiqar Ali as its sole proprietor. The setup was fully automatic with minimum requirement of any manpower. As the international calls were being route through high-speed Internet lines and then further transported within India over local telephone lines through SIP trunk channels, this fraudulent telecom setup was bypassing the legal International call Gateway. Since the route from foreign country to India was internet based, hence it was very difficult for Indian Law Enforcement Agencies (LEAs) of the country to monitor and back trace the foreign caller, thus it was posing a grave threat to National Security as anti-social and anti-national elements misuse such illegal unmonitored call facility. He requested for legal action.
2. On receipt of the said complaint, a team consisting Police Officials and DOT Officials was constituted and a raid was conducted at premises 3792-93, Choori Walan, Chawri Bazar, Delhi. The following setup articles have been recovered from the spot: -Two SIP Server of IBM and HP, Two Hard Disc, 6 Router for net connection, TWO OTB SIP Trunk of Jio Company, One Airtel Patch Box, Connecting Wires. The team of FSL, Rohini, Delhi has also came to the spot. Subsequently, on the basis of complaint and recovered articles, a case vide FIR No. 30/21 dated 05.02.2021 under Section 20/21/25 of Indian Telegraph Act 1885 & 420/120-B of IPC was registered at Hauz Qasi police station, Central Delhi. The investigation of this case was transferred to District Cyber Cell/Central."
3. Learned counsel for the applicant submits that the latter was arrested on 06.02.2021 and has been in judicial custody since then. It is submitted This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2023 at 00:20:47 that the allegation qua the applicant is that co-accused Zulfiqar Ali @ Raja called him and his brother and told them that he needs a room to install an internet connection and promised them consideration in lieu of the same. Thereafter, the applicant's brother handed over a room at their residence to co-accused Zulfiqar Ali @ Raja. The applicant is further alleged to have given his ID to the said co-accused in order to enable him to establish an internet connection in his name. It is therefore submitted that the only allegation against the applicant is that Wifi connection was installed in his name. It is further submitted that no recovery has been effected from the applicant and no material has been placed on record to show that the applicant was complicit in commission of the alleged offences.
4. Learned counsel for the applicant submits that the investigation in the present case is complete. The chargehseet as well as the supplementary chargesheets stand filed. It is submitted that the prosecution has cited 49 witnesses and the trial is likely to take a long time. It is further submitted that the applicant is a permanent resident of Delhi and shall be available to face the trial and there is no apprehension of him absconding or tampering with the evidence. Learned counsel for the applicant submits that co-accused Areeb Ali, Mohd. Rehan Khan and Mohd. Irfan @ Rajji have already been granted bail by this Court, vide orders dated 20.12.2022 (BAIL APPLN. 1340/2022), 02.08.2023 (BAIL APPLN. 1190/2023) and 22.08.2023 (BAIL APPLN. 229/2023), respectively.
5. Per contra, learned APP for the State opposes the present application and submits that the applicant, alongwith co-accused persons, are involved in the commission of an offence which has cause huge monetary loss to the government exchequer and the telecommunication sector.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2023 at 00:20:48
6. Heard learned counsel for the parties and perused the record.
7. The case of the prosecution qua the present applicant is that Wifi connection was installed in his name, which was used in commission of the alleged offences. Investigation qua the present applicant is complete and the chargesheet has been filed.
8. As per the nominal roll dated 15.09.2023, the applicant has been in judicial custody for 01 year 08 months and 24 days, since his arrest on 06.02.2021. The chargesheet, as well as the supplementary chargesheets in the present case stand filed. The evidence in the present case is primarily documentary in nature and the necessary recoveries have been effected. No useful purpose will be served by keeping the applicant in judicial custody any further.
9. In totality of the facts and circumstances of the case, the present application is allowed.
10. The applicant is admitted to bail upon his furnishing a personal bond in the sum of Rs. 50,000/- with one surety of like amount to the satisfaction of the learned Trial Court/Link Court, further subject to following conditions:
i. The applicant shall not leave India without prior permission of the learned Trial Court.
ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address.
iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2023 at 00:20:48 iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, tamper with evidence or try to influence the witness in any manner.
11. The application stands disposed of along with all the pending application(s), if any.
12. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case.
13. Let a copy of this order be communicated to the concerned Jail Superintendent.
14. Order be uploaded on the website of this Court, forthwith.
AMIT SHARMA, J SEPTEMBER 21, 2023/sn This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/09/2023 at 00:20:48