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Delhi High Court - Orders

Abhishek Singh (In Jc) vs The State on 15 September, 2021

Author: Mukta Gupta

Bench: Mukta Gupta

$~10
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      BAIL APPLN. 3009/2021

       ABHISHEK SINGH (IN JC)                            ..... Petitioner
               Represented by:          Mr. Prateek Goswami, Advocate.

                          Versus

       THE STATE                                         ..... Respondent
                Represented by:         Mr. Ravi Nayak, APP for the State
                                        with SI Amit PS Cyber Cell.
       CORAM:
       HON'BLE MS. JUSTICE MUKTA GUPTA
                          ORDER

% 15.09.2021 The hearing has been conducted through Video Conferencing.

CRL.M.A.14638/2021 (for withdrawal)

1. By this application, the petitioner had sought withdrawal of the bail application. Learned counsel for the petitioner states that the said application was filed as long date was given.

2. Learned counsel for the petitioner seeks leave to withdraw this application.

3. Application is dismissed as withdrawn.

BAIL APPLN. 3009/2021

1. By this petition, the petitioner seeks regular bail in case FIR No.173/2021, under Sections 419/420/120-B/34/188 IPC and Sections 20/20A/21 of the I.T. Act and Section 6 of the ITWA Act, and Sections 66C/66D of the I.T. Act, registered at PS Naraina.

2. Learned counsel for the petitioner contends that the petitioner is not Signature Not Verified BAIL APPLN. 3009/2021 Page 1 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:15.09.2021 20:34:02 the owner of the premises where allegedly fake Call Centre was working. The petitioner had just joined the company two months prior to the alleged raid and was only an employee. The petitioner having no role to play and in any case the investigation having been completed and all similarly placed co-accused having been granted bail, the petitioner be also released on bail.

3. As per the status report filed by the State, the above noted FIR was registered after an information was received about an illegal International Call Centre being operational at A-9/a, Ground Floor, Naraina Industrial Area from where several citizens of the UK were cheated. When the raid was conducted 21 persons were found working there and they were cheating U.K. residents by impersonating themselves as Court officials. From the spot 34 computers, calling cloud servers, routers, wi-fi modems and V.O.I.P. calling softwares and data of United Kingdom residents were recovered and seized. During the course of investigation Sections 467/468/471 IPC were also added as forged documents relating to 'Her Majesty's Revenue & Customs Department, United Kingdom Case Resolvement Charges Notice, Outstanding Tax Notice, Solicitor Fees Notice and the Royal Court of Justice, London UK, Certificate of Criminal Conviction for Tax Evasion and Avoidance were recovered. The petitioner was one of the Closures at the Call Centre. He used to finalize the deals with the victims and asked the victims to transfer money in foreign payment gateways/ Banks.

4. As per the investigation the Call Centre was owned by Sarabjit and Sagarika. Sarabjit is yet to be arrested and is absconding whereas Sagarika has been arrested and released on bail.

5. Considering the fact that charge sheet has been filed and the trial is likely to take some time and the main accused, who owned the Call Centre is Signature Not Verified BAIL APPLN. 3009/2021 Page 2 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:15.09.2021 20:34:02 yet to be arrested, this Court deems it fit to grant bail to the petitioner. Consequently, the petitioner is directed to be released on bail on his furnishing personal bond in the sum of ₹25,000/- with one two Surety Bond of the like amount, subject to the satisfaction of the learned Trial Court/ Duty Magistrate, further subject to the condition that the petitioner will not leave the country without the prior permission of the Court concerned, and in case of change of his mobile number and/ or the residential address, the same will be intimated to the Court concerned by way of an affidavit.

6. Petition is disposed of.

7. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

SEPTEMBER 15, 2021
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                                                                    Signature Not Verified
BAIL APPLN. 3009/2021                                            Page 3 ofSigned
                                                                   Digitally 3 By:JUSTICE
                                                                    MUKTA GUPTA
                                                                    Signing Date:15.09.2021
                                                                    20:34:02