Delhi High Court - Orders
Ibrahim Khalil Khan vs State on 15 November, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3893/2021
IBRAHIM KHALIL KHAN ..... Petitioner
Represented by: Mr. Amit Sharma, Sr. Adv. with Mr.
Adhir Dutt, Mr. Vaibhav Tomar, Mr.
Tapan Masta, Me. Debayan
Gangopadhyay, Advs.
versus
STATE ..... Respondent
Represented by: Mr. Tarang Srivastava, APP for State
with Insp. Parveen Kumar, PS Cyber
Crime Unit, Special Cell.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 15.11.2021 The hearing has been conducted through Physical Mode.
1. By this petition, the petitioner seeks regular bail in FIR No. 141/2021 under Sections 419/420/468/471/120-B/34 IPC and Section 66-D of the Information Technology Act registered at PS Special Cell.
2. Learned counsel for the petitioner states that the co-accused with greater roles than the petitioner who were the Directors of shell companies have already been granted bail. The only reason why the petitioner got implicated in the case was because he was in a live-in-relationship with the Chinese lady Amiei Ling who is the main accused. It is stated that the e-mail ID of the petitioner and mobile phone of the petitioner was used; however, investigation reveals that the mobile number was being used by Chinese lady Amiei Ling who fled to Ulberia on 8th June, 2021. He further Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN. 3893/2021 Page 1 of 5 MUKTA GUPTA Signing Date:16.11.2021 10:40:38 states that the fact that the petitioner misappropriated ₹18 lakhs is also not fortified because the bank account was linked with mobile phone used by Amiei Ling and after the petitioner was arrested on 11th June, 2021 the said account was still being operated till 15th June, 2021.
3. Learned counsel for the petitioner states that investigation qua the petitioner is complete, charge-sheet having been filed the petitioner being in custody for the last more than five months and no further investigation being required to be carried out from the petitioner, the petitioner be also granted bail on parity with the other co-accused.
4. A status report has been filed by the State indicating that the above-noted FIR was registered on complaints of large scale cyber cheating at various places in Delhi in an organized manner through website www.ezplan.in/login/shareapp/UID/97746 and an app available on Google Playstore namely Power Bank App. The accused offered doubling of money in a short span of 30-35 days and thus the people were trapped into believing them and money received through fraud was siphoned off. The money was received in the name of POWER BANK as well EZPLAN. The report was collected from payment gateways Razorpay, PayU and PayTM etc. After the money was collected initially 15% of the amount was paid and the rest blocked as the phone numbers were not picked up and thus 85 - 90% of the amount was cheated.
5. During the course of investigation it was found that the people were given impression that these companies are catering to the demands of Power Plugs in India for charging of Electric Vehicles and out of the profit of company it will share revenue with investors and within 30-35 days their money will be doubled.
Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN. 3893/2021 Page 2 of 5 MUKTA GUPTA Signing Date:16.11.2021 10:40:386. It was revealed that one of the main person responsible for running the scam was in West Bengal and was identified as Sheikh Robin, who was arrested. Thereafter, the details of the Directors of the shell companies were also obtained, their identity established and thus simultaneous raids were conducted in West Bengal and Delhi on 2nd June, 2021 at multiple locations and it was found that some Chartered Accountants, Company Secretaries and other professionals were in direct touch with Chinese Nationals in providing necessary support of companies, bank accounts, mobile numbers. It was found that operation was being carried outin a well-organized manner.
7. Four persons, namely, Umakant Akash Joys, Ved Chandra, Hari Om and Abhishek Mansaramani, all residents of Delhi, were arrested. Later, Arvind, Avik Kedia and Rounak Bansal were also arrested. In total 15 accused were arrested. ₹97.20 lakhs and cash was recovered from Avik Kedia in the money trail from 70 bank accounts. Ram Ujagar was the director in two companies, namely, Sumyth Technology Pvt. Ltd. and Maojaza Technology Pvt. Ltd. and CS concerned was Rajni Kohli, both of whom were arrested.
8. After the arrest, charge-sheet was filed and out of the 15 accused arrested, 8 accused persons have been granted bail including Satender Singh, one of the directors of the shell company, Ram Ujagir, and Rajni Kohli.
9. The role assigned to Satinder Singh was that he procured as many as 3000 Indian SIMs and sent it to the Chinese counterparts which were used for the purpose of inducing and siphoning off. Ram Ujagir was the director of two shell companies where money was transferred.
10. The role assigned to the petitioner has been noted in Para 103 Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN. 3893/2021 Page 3 of 5 MUKTA GUPTA Signing Date:16.11.2021 10:40:38 sub-para 14 of the charge-sheet stating that on the arrest of Ram Ujagar who was a director of the two companies, namely, Sumyth Technology Pvt. Ltd. and Maojaza Technology Pvt. Ltd., amount of cheating from general public was credited to the bank account of these two companies. He disclosed that CS Rajni Kohli created these companies and the main person was one Chinese lady Amiei Ling who was residing with the petitioner at Freedom Fighters Enclave, Naib Sarai. Thus, the role assigned to the petitioner is that he was in a live- in-relationship with Amiei Ling. As regards the phone number of the petitioner is concerned, even as per the charge-sheet the said number was used by Amiei Ling and the bank account at the HDFC where it is stated that ₹18 lakh were transferred, was linked to the phone number used by Amiei Ling and utilised for debiting the amount even after the arrest of the petitioner on 11th June, 2021 till 15th June, 2021
11. Considering the role assigned to the petitioner and that other co-accused including those who had opened the shell companies where substantial amounts have been transferred have already been granted bail and that custodial interrogation from the petitioner to know the entire modus-operandi and the clues regarding the main accused Amiei Ling have already been done, this Court deems it fit to grant bail to the petitioner. It is therefore directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹1 lakh with two surety bonds of the like amount subject to the satisfaction of the learned Trial Court, further subject to the condition that in case the petitioner holds the passport the same will be surrendered to the learned Trial Court and that he will not leave the country without the prior permission of the Court concerned and in case of change of residential address and/or the mobile phone the same will be Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN. 3893/2021 Page 4 of 5 MUKTA GUPTA Signing Date:16.11.2021 10:40:38 intimated to the Court concerned by way of an affidavit. During the pendency of trial, the petitioner will keep his mobile phone in active condition and share the location with the investigating officer.
12. Petition is disposed of.
13. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NOVEMBER 15, 2021 'ga' Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN. 3893/2021 Page 5 of 5 MUKTA GUPTA Signing Date:16.11.2021 10:40:38