Himachal Pradesh High Court
Archana Singh vs Through Secretary Home on 9 February, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 9th DAY OF FEBRUARY, 2022
BEFORE
.
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CRIMINAL MISC. PETITION (MAIN) No.23 of 2022
Between:-
ARCHANA SINGH,
D/O SH. BALRAM SINGH,
R/O VILL. KATAI, P.O. LALGANJ,
TEHSIL TILAON, DISTRICT MIRAPUR,
UTTAR PRADESH
......PETITIONER
(BY SH. AMIT SINGH CHANDEL, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
THROUGH SECRETARY HOME
TO THE GOVERNMENT OF
HIMACHAL PRADESH
......RESPONDENT
(BY SH. HEMANT VAID, SH. HEMANSHU MISHRA
AND SH. BHARAT BHUSHAN, ADDITIONAL
ADVOCATES GENERAL,
ASI VIRENDER SINGH, POLICE STATION
BAROTIWALA, DISTRICT SOLAN, H.P., PRESENT IN
PERSON ALONGWITH RECORD)
This petition coming on for orders this day, the Court
passed the following:
ORDER
The petitioner is co-accused in FIR No.175/2020, dated 15.12.2020, registered under Sections 420, 465, 467, 468, 471 & 120B of the Indian Penal Code ::: Downloaded on - 09/02/2022 20:11:22 :::CIS 2 (IPC) and Section 66 of the Information Technology (IT) Act at Police Station Barotiwala, District Solan. The petitioner was arrested on 14.03.2021 and prays for her enlargement .
on regular bail.
2. The prosecution case against the petitioner in nutshell is that:-
2(i). A complaint was made to the Superintendent of Police, Baddi, by the Registrar, IEC University Kallujhinda, Tehsil Baddi, District Solan, about the use of fake website domain name www.iecuniversity.org in an illegal and unauthorized manner. Complainant submitted that a company named Ample Themes illegally created the above website using IEC University logo, which is the clone of official website of IEC University, i.e. www.iecuniversity.com. It was also stated that in response to the complainant's objections sent through letter dated 15.11.2019, the above named company replied that it was only a mock drill and the same would be removed. However, the company did not stop continuing with the illegal acts, rather the fake website also started showing data of students. The complainant apprehended that the company in question was practising deceit upon people by selling fake degrees and maligning the reputation of the ::: Downloaded on - 09/02/2022 20:11:22 :::CIS 3 complainant-Institution. On the basis of this complaint, the FIR was registered on 15.12.2020.
2(ii). Investigation revealed that domain name .
www.iecuniversity.org was registered through website Godaddy.com on 11.09.2019 on payment. The payment was made using e-mail [email protected]. On tracking Internet Protocol (IP) address, it was found that Internet Service Provider (ISP) for the same was Excitel Broadband Private Limited, New Delhi.
2(iii). Further
r investigation revealed that
[email protected] was used by one Bharti (co-accused) of Govindpuri, Kalkaji, New Delhi, whose user ID was 'bharti1262'. The police team visited this address. One Mohd. Saleem (another co-accused) and Bharti were found present at the spot and internet router/modem with MAC address was recovered from them, through which they used the internet of Excitel Company. Mohd. Saleem revealed that Bharti was his business partner and they had availed the services of Ainan Ahamed (co-accused) to create fake website of IEC University.
2(iv). Police team visited the residence of Ainan Ahamed at Noida and recovered 376 blank and 5 filled mark-sheets, 270 Holograms of IEC, Certificates from 78 ::: Downloaded on - 09/02/2022 20:11:22 :::CIS 4 Universities, cash amount of Rs.2,73,000/-, 165 stamps/ seals, six stamp pads, two laptops and one mobile phone from him. During investigations, Ainan Ahamed, Mohd.
.
Saleem and Bharti statedly disclosed that they had prepared fake website of not only the complainant-IEC University, but of various other educational institutions and had distributed fake degrees, certificates and mark-sheets in different States throughout the country. The above three accused persons were arrested on 04.02.2021.
2(v). During custodial interrogation, Ainan Ahamed statedly disclosed that he got fake degrees, diplomas and certificates printed through one Amjad S/o Sh. Haidar, resident of Shaheen Baag, Delhi. He also statedly disclosed that address and logo of IEC University were provided by one Hashnoor. Later on, it turned out that his real name was Manish Kumar (co-accused), resident of Fazilka, Punjab. Manish Kumar statedly ran a coaching institute at Fazilka and had disclosed his name as Hashnoor to Ainan Ahamed. Investigation revealed that Manish Kumar was involved in similar business of selling fake degrees. He was arrested on 08.02.2021 from Fazilka and fake mark-sheets, which he got prepared from Ainan Ahamed, were recovered ::: Downloaded on - 09/02/2022 20:11:22 :::CIS 5 from him. Certain other incriminating articles were also recovered from him.
2(vi). During investigations, Ainan Ahamed got .
recorded his statement under Section 27 of the Indian Evidence Act that he ran the fake degree racket for quite some time. With the help and connivance of other accused persons, he got prepared about 25 fake websites of different universities. Using these websites and also using SMSs through mobile phone etc., he used to contact small coaching centres located in different States throughout the country, alluring them for fake degrees and got these fake degrees/mark-sheets printed by Amjad. Money received from the sale of fake mark-sheets and fake degrees was used to be received in the bank account of Archana Singh (bail petitioner), resident of Noida. As per the status report, investigation revealed transactions running into crores of rupees (approximately Rs.2.50 Crores) in the said bank account. All the accused persons used to do work in lieu of money. Petitioner was arrested on 14.03.2021.
2(vii). During investigations, Mohd. Saleem provided details of 32 fake websites allegedly got prepared by him at the instance of Ainan Ahamed with help of other accused persons. He also provided the backup data of 19 fake ::: Downloaded on - 09/02/2022 20:11:22 :::CIS 6 websites, which contained PHP files, student/subject details, screenshots of posts, e-mail backup and database etc. .
3. A previous bail petition, bearing Cr.MP(M) No.641 of 2021, was withdrawn by the petitioner vide order dated 08.04.2021. Another bail petition, being Cr.MP(M) No.932 of 2021, was dismissed on merits vide order dated 31.05.2021. The petitioner then preferred bail petition, being Cr.MP(M) No.1862 of 2021, which was permitted to be withdrawn on 23.12.2021 with liberty to file fresh to enable her to raise certain grounds in the petition, which were not raised therein. It is thereafter that the instant petition has been preferred.
4. Learned counsel for the petitioner argued that the petitioner has nothing to do with the offences alleged against her. She has been falsely implicated in the FIR. The concerned officials have already interrogated the petitioner in detail. Investigation qua the petitioner is complete. The petitioner cannot be indefinitely detained.
While opposing the bail plea, learned Additional Advocate General submitted that the petitioner was involved in the racket of preparing and selling fake mark-
sheets/degrees/certificates. Considering the gravity of the ::: Downloaded on - 09/02/2022 20:11:22 :::CIS 7 offences alleged against the petitioner, she is not entitled to be released on bail.
5. I have heard learned counsel for the parties and .
gone through the case file carefully.
The previous bail petition, being Cr.MP(M) No.932 of 2021, was dismissed by this Court on 31.05.2021. The dismissal of the petition was primarily on the ground that the fake degree racket was of an alarming magnitude and the investigation in the matter was still underway. The fact that request had been made to the State Intelligence Department at that time to come into picture for further investigation, was kept in view while dismissing the bail petition. The record appended with the present bail petition shows that investigation in the matter has only been carried out by Barotiwala Police, District Baddi and not by the State Intelligence Department. The petitioner was arrested on 14.03.2021. She has completed almost 11 months in custody. No further investigation seems to have been carried out by the respondents after filing of supplementary challan on 06.05.2021. The State Intelligence Department has not carried out the investigation. It is only the Barotiwala Police, District Baddi, which had investigated into the matter. Even otherwise, ::: Downloaded on - 09/02/2022 20:11:22 :::CIS 8 investigation cannot be carried out indefinitely. Challan in the matter stands already presented. Supplementary challan has also been presented. The trial has proceeded.
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Statement of five witnesses has also been recorded. The only role attributed to the petitioner in the FIR is that the money received from the sale of fake mark-sheets and degrees was credited by the co-accused persons in the bank account of the petitioner. Status report does not mention any other overt act on part of the petitioner. All the documents are in possession of the investigating agency.
Considering all relevant factors including the role allegedly attributed to the petitioner in the commission of offences, her incarceration pending trial is not warranted in the interest of justice. The petitioner apparently is not in a position to influence the prosecution witnesses or tamper the prosecution evidence, however, this can be ensured by imposing stringent conditions upon her. Having regard to all the above aspects, in my considered opinion, the petitioner has made out a case for her release on bail at this stage. Accordingly, the present petition is allowed.
Petitioner is ordered to be released on bail in the aforesaid FIR on her furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) with two local ::: Downloaded on - 09/02/2022 20:11:22 :::CIS 9 sureties in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned, subject to the following conditions:-
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(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.
(iii). The petitioner will not leave India without prior permission of the Court.
(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer, complainant or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.
(v). The petitioner shall attend the trial on every hearing, unless exempted in accordance with law.
(vi). Petitioner shall inform the Station House Officer of the concerned police station about her place of residence during bail and trial.
Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of her Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.
In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to ::: Downloaded on - 09/02/2022 20:11:22 :::CIS 10 move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall .
not be construed as an opinion on the merits of the matter.
Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.
With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.
Copy dasti.
Jyotsna Rewal Dua Vacation Judge February 09, 2022 Mukesh ::: Downloaded on - 09/02/2022 20:11:22 :::CIS