Meghalaya High Court
Shri Nicky War vs State Of Meghalaya And Ors on 16 October, 2017
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
1
BA No.26/2017
Shri Nicky War v. State of Meghalaya
IN THE HIGH COURT OF MEGHALAYA AT
SHILLONG
: ORDER :
BA No.26 of 2017 Shri Nicky War ..... Petitioner
- Versus -
State of Meghalaya and others ..... Respondents
Date of Order: :: 16.10.2017
PRESENT
HON'BLE SHRI JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE Shri K Paul, for the petitioner Shri S Sen Gupta, Public Prosecutor BY THE COURT: (ORAL) The petitioner, who is one of the accused in Laitumkhrah PS Case No. 136 (8) 2017 and is in custody since 29.08.2017, seeks release on bail under Section 439 of the Code of Criminal Procedure.
The investigation in the said Laitumkhrah PS Case No. 136 (8) 2017 is pending for offences under Sections 417/419/420/34 IPC and under Section 66-D of the Information Technology Act, 2000.
Heard learned counsel for the petitioner and learned Public Prosecutor and perused the Case Diary.
The relevant background aspects of the matter are that a day before the First Information Report ['FIR'] aforesaid, the Superintendent of Police (City), East Khasi Hills, Shillong had lodged another FIR by way of a communication to the Officer-in-Charge, Laitumkhrah Police Station, leading to Laitumkhrah PS Case No.134 (8) 2017, while pointing out that after receiving tip-off regarding a wide ranging scam, where certain persons were cheating the American nationals and extracting money while personating as Internal Revenue 2 BA No.26/2017 Shri Nicky War v. State of Meghalaya Service Agents through the facilities of a Call Centre, steps were taken to understand the working of scamsters; and thereafter, the authorities concerned were able to unearth the fraudulent dealings and to apprehend several persons related with the alleged 'fraud Call Centre namely IFA', operating from the premises of S.S. Net Com.
Thereafter, the FIR related with the present case came to be registered on another communication sent by the Superintendent of Police (City) East Khasi Hills, Shillong to the Officer-in-Charge, Laitumkhrah Police Station on 29.08.2017 that while conducting search and seizure in the premises of S.S. Net Com, it was gathered that another Call Centre M/s Dasanbha Enterprise, operating on the second floor of the same building, was also running a similar nature racket, where they were cheating the American nationals and extracting money while giving them a range of health problems and posing as a top law firm, which would ensure compensation to the victims. It was alleged that the present petitioner was running such racket with several other persons; and huge incriminating materials were found. The relevant contents of the communication so sent by the Superintendent of Police, forming the basis of Laitumkhrah PS Case No. 136 (8) 2017, read as under:-
"With reference to the above, I would like to submit an FIR that today 29.08.17, while conducting search and seizure in the premises of SS Net Com of the computers used by M/s IFA, it was also gathered that another Call Centre namely M/s Dasanbha Enterprise operating on the first floor of the 2nd building of SS Netcom at Cleve Colony was also running a racket whereby they would send voice calls to American Citizens and give them a range of health problems. If the reply is in the affirmative, they would then ask them if they have an attorney (for which the answer is obviously No). They then tell them that they are connected to a top law firm which will ensure compensation and for which payments are being made by the victim in dollars. The racket is run by Shri Nicky War and several other persons Shri Tanu P Das Process Manager and Shri Bidish S Sharma as IT professional.3 BA No.26/2017
Shri Nicky War v. State of Meghalaya A huge number of incriminating documents including scripts, 63 CPUs, Server and seals and 14 hard disk.
In this regard I would like to take action against the culprits for entering into a conspiracy for cheating American Citizens by impersonating as a law firm and extracting money."
Apart from the aforesaid, yet another FIR, leading to Laitumkhrah PS Case No. 135 (8) 2017 has also been registered in relation to similar nature allegations against other operators. All such cases are under investigation.
The petitioner has been arrested in Laitumkhrah PS Case No. 136 (8) 2017 on the allegation that he was the owner of the Call Centre in question and was running the racket with other persons.
Learned counsel for the petitioner has strenuously argued that the premises in question were taken on rent by the petitioner for running a Call Centre on monthly rental basis and for this business, necessary permissions were obtained from the concerned authorities besides police verification; and the establishment was duly registered with the concerned Deputy Labour Commissioner. According to the learned counsel, the petitioner was merely receiving a meager amount as license fees and was not actively participating in the business and hence, he is not connected with the offences in question and no purpose would be served by his detention further.
Learned counsel for the petitioner has also pointed out that the accused persons in the cognate matter carrying similar nature allegations, i.e., Laitumkhrah PS Case No. 134 (8) 2017, namely Shri Amit Bhowmik, Shri Raj Sohphoh, Smti. Naina Gurung and Shri Pynshai Mawthoh have been granted bail by the Subordinate Court on 12.10.2017; and in yet other cognate matter, ie., Laitumkhrah PS Case No.135 (8) 2017, two accused persons namely Shri Rijjo Joseph and 4 BA No.26/2017 Shri Nicky War v. State of Meghalaya Smti. Sweety Sutnga, were ordered to be released on bail by the Subordinate Court on 22.09.2017 and 25.09.2017. The learned counsel has placed the copies of orders so passed on 12.10.2017 and 22.09.2017 before the Court for perusal and has submitted that the nature of allegation against the present petitioner are in no way different than those against the said Shri Amit Bhowmik and Shri Rijjo Joseph, who have already been granted bail.
Learned PP has duly opposed the bail application while placing the Case Diary before the Court for perusal. Learned PP would argue that the rackets unearthed in this matter are of wide import and implication; and as several of the accused persons are yet to be apprehended, releasing of the present petitioner may hamper the investigation. Learned PP has strenuously argued that the present petitioner does not deserve indulgence at least at this stage.
However, it is not in dispute that the other accused persons in the cognate matters carrying similar nature allegations have already been ordered to be released on bail, including the persons said to be the owner/manager of the Call Centres in question.
The matter being at the stage of investigation, this Court would not be making any comment on the merits but after having heard the learned counsel for the petitioner and the learned PP and having perused the Case Diary; and looking to the totality of circumstances including the orders granting bail to more or less similarly circumstanced persons, it appears just and proper that the petitioner, who is in custody since 29.08.2017, be released on bail subject to the requisite terms and conditions.
5BA No.26/2017
Shri Nicky War v. State of Meghalaya Accordingly, this bail application is allowed and it is directed that in relation to Laitumkhrah P.S. Case No. 136 (8) 2017, the accused petitioner Shri Nicky War shall be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand) with two sureties in the sum of Rs.10,000/- (Rupees ten thousand) each to the satisfaction of the concerned Judicial Magistrate First Class, East Khasi Hills District, Shillong; and further, with an undertaking not to hamper or interfere with the investigation in any manner and to remain present before the Investigating Officer and before the Court concerned as and when called upon to do so.
The bail application stands disposed of accordingly.
CHIEF JUSTICE Lam