Delhi High Court - Orders
Kamal @ Chhotu vs State Nct Of Delhi on 18 August, 2021
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~11.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2328/2021
KAMAL @ CHHOTU ..... Petitioner
Through: Mr. Kanhaiya Singhal, Mr. Chetan
Bhardwaj, Mr. Prasanna, Ms. Heena Tangri,
Mr. Rishabh Jain, Mr. Ajay Kumar and Udit
Bakshi, Advocates
versus
STATE NCT OF DELHI ..... Respondent
Through: Ms. Neelam Sharma, APP for State with
SI Sonal Raj, P.S. Daryaganj
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 18.08.2021
1. The present application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No. 157/2020 registered under Sections 419/420/467/201/120B/34 IPC and Section 66 of the IT Act at P.S. Darya Ganj, Delhi.
2. Learned counsel for the applicant submits that the applicant is in custody since 26.08.2020 and as per the allegations levelled in the FIR, the role assigned to the present applicant is of providing data of various customers to the co-accused persons. He submits that, in fact, it was the co- accused who had opened fake account on MobiKwik, which was used in the act of cheating. He further submits that there is no allegation with respect to any amount received by the present applicant.
3. Learned APP for the State has forwarded the Status Report through E-mail, which is taken on record. As per the Status Report, it is stated that the present complaint was lodged at the instance of one Vipin Bhatnagar who stated that on 28.04.2020, he received various messages of sharing OTP of his SBI credit card. He realised that unusual transactions of Rs.1500/- and Rs.3599.50/- were done at Paytm Wallet.
4. The present applicant alongwith Rahul, were providing banking data of customers while co-accused Radha and Bunty used to call customers and as bank executives. It is also stated that there are about 58 victims, who have been cheated by the syndicate and the total cheated amount is about Rs.17.40 lacs.
5. In rebuttal, learned counsel for the applicant submits that none out of the 58 victims have been made witness in the present case. He further submits that as per the Status Report, the applicant is not involved in any other case.
6. Learned APP for the State, on instructions from the Investigating Officer, submits that as per the SCRB record, no other case has been registered against the present applicant. She also confirms that during investigation, the applicant was not found having any bank account in which cheated amount has come.
7. Keeping in view the facts and circumstances of the case and the role assigned to the present applicant, it is directed that the applicant be released on regular bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty M.M. and subject to the following further conditions:-
(i) The applicant shall not leave the NCT of Delhi without prior permission of the concerned Court.
(ii) The applicant shall remain available on mobile number:
9818402796, which he undertakes to keep operational at all times during the pendency of the trial.
(iii) In case of change of residential address or contact details, the applicant shall promptly inform the same to the concerned Investigating Officer as well as to the concerned Court.
(iv) The applicant shall regularly appear before the concerned Court during the pendency of the trial.
(v) The applicant shall not directly/indirectly try to get in touch with the complainant or any other prosecution witnesses or tamper with the evidence;
(vi) The applicant shall telephonically report to the Investigating Officer/SI Sonal Raj, P.S. Daryaganj at his mobile number i.e., 9953442756 on first Monday of every month during the pendency of the trial.
8. The bail application stands disposed of in the above terms.
9. A copy of this order be communicated electronically to the concerned Jail Superintendent for information.
10. A copy of this order be immediately uploaded on the website.
11. Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case.
MANOJ KUMAR OHRI, J AUGUST 18, 2021/na Click here to check corrigendum, if any