Delhi High Court - Orders
S. K. Robin vs State Govt Of Nct Of Delhi on 13 September, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. NO. 2140/2022
S. K. ROBIN ..... Petitioner
Through: Mohammad Kausar Parwez,
Advocate
versus
STATE GOVT OF NCT OF DELHI ..... Respondent
Through: Mr.Tarang Srivastava, APP for State
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 13.09.2022 The applicant vide the present petition seeks the grant of bail in relation to FIR No. 141/2021 Police Station Special Cell registered under Sections 419/420/468/471/34/120-B of the Indian Penal Code, 1860 and Section 66D of the IT Act, 2000 submitting to the effect that he has been incarcerated since 2.6.2021 and that 14 out of 15 accused arrested in the instant case have since been released on bail and on the grounds of parity, the applicant be released on bail. It is inter alia submitted on behalf of the applicant that one of the co-accused in the instant case S.K.Ramizuddin from whom the sum of Rs.24,00,000/- was allegedly recovered has also been granted bail; that the investigation in the matter is complete and no useful purpose would be served by further incarceration of the applicant.
The status report dated 16.8.2022 under the signatures of the ACP, Special Cell, Cyber Crime Unit-IFSO has been submitted by the State. It has been asserted through the status report to the effect that the matter relates to a largescale cyber cheating on the basis of a Power Bank App on the Google Play Store which has been utilized for cheating a large number Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.09.2022 15:31:33 This file is Bail Appln. No. 2140/2022 Page 1 of 6 digitally signed by PS to HMJ ANU MALHOTRA.
of people; that the applicant in the instant case who was arrested on 2.6.2021 had inter alia disclosed of his office being in touch with some Chinese persons through telegram and through whatsapp, and that those persons had telegram numbers of Cambodia and used to send him money for purchasing mobiles and bank documents and SIM cards were sent to the applicant through courier service and after receiving the bank documents and SIM Cards, the applicant used to send the details to Chinese people share OTPs with Chinese persons.
The State places reliance on the screenshots/images/documents recovered from the three mobile phones of the applicant showing sending of OTPs to one June (+85581758011) and that the applicant was also found to be a member of various groups having number of Myanmar and Cambodia. Thirty-three mobile phones are stated to have been recovered from the applicant. The State has submitted that the applicant has a major role to manage a large number of fund transfers with the fraudsters having been safely based outside India and that at the time of arrest, the applicant had 69 bank account documents and 33 active mobile phones and was the main conspirator of the commission of the offence.
The status report reflects also that six other cases were registered in relation to Chinese nationals registered shell companies in different states; a sum of Rs.97,20,160/- is stated to have been recovered from one of the accused Avik Kedia but the State submits that the applicant in the instant case was the kingpin and the generator of the commission of the crime in contact with the Chinese nationals.
Learned counsel for the petitioner however submits that the applicant was only an employee of the Chinese personnel. Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.09.2022 15:31:33 This file is Bail Appln. No. 2140/2022 Page 2 of 6 digitally signed by PS to HMJ ANU MALHOTRA.
The copy of the charge sheet has been placed on record by the petitioner as Annexure P-2 to the petition. The role attributed to the petitioner on conclusion of investigation has been set out therein to the effect:
"i) Role of accused SK. Robin:- It was found that the UPI numbers which were being used for transfer of money were running in Uluberia area. The mobile number 6289820051 which was in the name of SK Robin s/o Sk Mohsin Ali above. The IMEI search resulted that various numbers used for UPI payments were being used by Sk Robin at Uluberia in an interior area. These numbers belong to various persons residing at different areas of India but after opening accounts and after opening UPIs, their location shifted to Uluberia area. Technical investigation suggested that some of these UPIs were also being used by one Sk Robin r/o Uluberia. It was found that there was a complaint against Sk.Ramiz in Puducherry also and Puducherry police has also sent letter to bank authority for his account details. Both of them were produced before L'd ACJM Uluberia, Howrah and L'd court granted 2 day transit remand of those accused persons on 2nd Feb.2021.
Sk.Robin stated that he was in touch with some Chinese people through telegram and through Whatsapp. They were Telegram numbers of Combodia. They used to send him money for purchasing mobiles and bank documents and Sim cards were being sent to Robin through Courier Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.09.2022 15:31:33 This file is Bail Appln. No. 2140/2022 Page 3 of 6 digitally signed by PS to HMJ ANU MALHOTRA.
service.After receiving bank documents and SIM cards, he used to transfer money through UPI and then he used to share OTPs with Chinese persons. He stated he has also given bank account of one of his known Sk Ramiz Uddin Nawaz also and used that also. The screenshots/ images/documents recovered from the three main mobile phones of the accused Robin are attached at page no.-780- 1240. He is clearly seen sending OTPs to one June June (+85581758011). He is also found member of various groups having number of Myanmar and Cambodia. One such group in the name of SK in which June June(+855817580 11) was also member. Files of SMS- 1.1.2-release APK were also found which a recovery of continuation of discloser of accused SK.Robin regarding sending the SMS Monitoring APP APK file.(Page-807). Receipt of courier parcels having Bank account details, Debit Cards, Internet Sim Cards and transfer of those details of June Junne was also seen as attached on Page no. 814-831 etc. OTP sharing one YONG, ENUYASHA, AND 777 PAY in SK group was also seen as attached on page no.857 onwards. The new sim cards, Mobile Phones purchased by accused SK. Robin and prophase of the SMS Monitor APP and couriers received by Mr. Robin are also attached on page no. 1011-1033 recovered from the mobile. Payments transfer to a payments of rupees 98744 on 6th May to the account of 5988 DAIFU of PayTM Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.09.2022 15:31:33 This file is Bail Appln. No. 2140/2022 Page 4 of 6 digitally signed by PS to HMJ ANU MALHOTRA.
account was also found as shown on page no.1 051. The complete pages recovered from the mobile of accused SK. Robin page no. 780-1240 and the images found clearly shows that accused Robin was managing the UPI transaction through large number of bank account and using a large number of mobile phones with SMS monitor APP and sending important information UPI IPs, Internet Banking IPs and Passwords, Debit Cards number and their CVV number, OTPs etc. to the Chinese people and it also shows that money was transferred to 5988 DAIFU account of PayTM which was later on found attached with the ICICI Bank account of Diyabati Technologies Private Limited."
The State thus contends that it was the applicant who was managing the UPI transactions through large number of bank accounts using large number of mobile phone with the SMS Monitor APP sending important information UPI IPs, Internet Banking IPs, Passwords, Debit Card number and their CVV numbers, OTPs to the Chinese persons and there was also money transferred to 5988 DAIFU of PayTM account which was later on found attached with the ICICI Bank Account of Diyabati Technologies Pvt. Ltd. and it has been submitted on behalf of the State that Diyabati Technologies Pvt. Ltd. is a concern of the Chinese persons.
In the instant case, a perusal of the record further indicates that Bail Appln. No. 4368/2021 filed by the very same applicant herein has been rejected vide order dated 28.1.2022, copy of which is annexed as Annexure P-7. Apart from the period of time that has elapsed from the date 28.1.2022 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.09.2022 15:31:33 This file is Bail Appln. No. 2140/2022 Page 5 of 6 digitally signed by PS to HMJ ANU MALHOTRA.
when the previous Bail Appln. No. 4368/2021 was disposed of, there is no change of circumstances whatsoever, thus in view of the nature of the offence and alleged involvement of the applicant with 33 mobile phones allegedly having been recovered from him, and he having been allegedly in custody of 69 bank account documents and chats recovered allegedly from the mobile phone of the applicant showing that he was indulging in UPI transactions qua large number of bank accounts using a large number of mobile phones, the Court does not consider it appropriate to grant the bail to the applicant.
The application is thus declined.
ANU MALHOTRA, J SEPTEMBER 13, 2022/ sv Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:21.09.2022 15:31:33 This file is Bail Appln. No. 2140/2022 Page 6 of 6 digitally signed by PS to HMJ ANU MALHOTRA.