Delhi High Court - Orders
Shokin vs The State on 24 February, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 445/2022
SHOKIN ..... Petitioner
Through: Mr. Vishesh Verma, Advocate
(Through VC)
versus
THE STATE ..... Respondent
Through: Mr. Raghuvinder Varma, APP for
State with SI Rahul and Rohtash, P.
S. Anand Vihar
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 24.02.2022
1. The instant application under Section 438 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner seeking anticipatory bail in FIR bearing No. 0386/2021 registered at Police Station Anand Vihar for offences punishable under Sections 420/120B/34 of the Indian Penal Code, 1860.
2. The brief facts of case are that the complainant, Arun Kumar Jain, a senior citizen who is not aware of technology has been duped Rs. 9,09,904 (Rupees Nine Lakh Nine Thousand Nine Hundred and Four only) by a group of three persons. The complainant had four policies worth of about Rs. 26,00,000 (Rupees Twenty Six Lakhs only) invested with Shri Ram Life Insurance. The complainant received a fraudulent call from three alleged persons, Mr. Aaksh, Mr. Ajay Nagar and Mr. Sanjay. These persons Signature Not Verified Signed By:GAURAV SHARMA Signing Date:26.02.2022 14:27:48 allegedly claimed to be from the Hyderabad office of Shri Ram Life Insurance. The Complainant was offered by the alleged persons to get his money from his immature policies overnight by payment of a redemption amount.
3. On 13th October, 2021, the complainant transferred Rs. 42,000 (Rupees Forty Two Thousand) in the account named Shriram Life Insurance, Indian Bank (Account No. 7091397071, IFSC - IDIB004502) and on 14th October, 2021, Rs. 75,000 (Rupees Seventy Five Thousand only)(in the account named Shriram Life Insurance, Indian Bank).
4. On 9th November, 2021, the FIR bearing No. 0386/2021 was registered at Police Station Anand Vihar for offences punishable under Sections 420/120B/34 of the Indian Penal Code, 1860 and the same was transferred to the Cyber Cell, Shahdara District.
5. Learned counsel for the petitioner submitted that the petitioner is a peace loving and law abiding citizen of India and is resident of Khasra No. 1125, Gali No. 2, Shani Bazar, Chaman Vihar, Loni Dehat, Ghaziabad, Uttar Pradesh-201102 and has been been falsely implicated in the present case only on the basis of disclosure statement of the co-accused namely Aadil, who has already been released on regular bail by the learned Additional Chief Metropolitan Magistrate, Shahdara District, Karkardooma Courts, Delhi vide order dated 20th January, 2022.
6. It is also submitted that there are no direct allegations against the petitioner in instant FIR and he has no connection with the incident or the crime as alleged in the FIR. The petitioner has never been involved in any such type of the offence in the past and he has no previous criminal history. All the evidences are documentary in nature, as such there is no possibility Signature Not Verified Signed By:GAURAV SHARMA Signing Date:26.02.2022 14:27:48 of tampering with the prosecution evidence in any manner.
7. Learned counsel appearing on behalf of the petitioner further undertakes, on instructions, that the petitioner shall cooperate in the investigation and he will abide by all conditions and will not misuse the protection granted.
8. Per contra, Mr. Raghuvinder Varma, learned APP for State vehemently opposed the bail application and submitted that the present petitioner had been evading presence before the Investigating Officer and yet he has moved four bail applications before the Court concerned on the same grounds and were dismissed by the Court below. It is also pointed out by learned APP that the NBW has already been issued against the petitioner on 1st February, 2022 before filing the instant application.
9. Learned APP for the State submitted that the petitioner is a member of a gang who used to commit bank frauds on the innocent citizens of the county. He has committed a heinous crime and after investigation it is disclosed that he is involved in several other cases of the similar nature. He has also opened several fake accounts in different banks and deposited Rs. 45,00,000 (Rupees Forty Five Lakhs only) in those accounts. It is also submitted that his custodial interrogation is required. He has also relied upon the contentions made in the status report and submitted that anticipatory bail may not be granted to the petitioner. The offence committed by the petitioner is serious in nature and they have committed a cyber crime in well planned manner. It is also required to identify the person who has shared the data of the policy holder with the petitioner/accused person. It is also required to be found out the source from where he procured the documents of the fake address on which fake accounts were opened. The custodial Signature Not Verified Signed By:GAURAV SHARMA Signing Date:26.02.2022 14:27:48 interrogation is also required to know the person who helped them to update the address in Aadhar Card of accused Aadil.
10. Learned APP for the State further submitted that if he will be released on the bail, he will certainly influence the investigation and the trial. Therefore, he is not entitled for the anticipatory bail and the instant bail is devoid of any merit and is liable to be dismissed.
11. Heard learned counsel for the parties and perused the record.
12. This Court has perused the FIR and the status report filed by the State. It is admitted fact that the NBW has already been issued against the petitioner on 1st February, 2022 before filing the instant bail application and dismissal of the four bail application, which were filed before the Court below, was also not disclosed in the instant bail application.
13. This Court has perused the affidavit filed in pursuance of the order dated 7th February, 2022 of this Court. In that affidavit also, he has not disclosed the fact that the NBW has already been issued against him.
14. This Court has perused the status report. In the status report, it is clearly mentioned that the petitioner is instrumental for opening total seven fake accounts and out of which the details of the three fake accounts are as follows: 1. Indian Bank, Account No. 7091398071 and IFSC Code:
IDIB0045021, 2. Bank of Baroda, Account No. 58180100006950 and IFSC Code: BARBOLONIXX and 3. Punjab National Bank, Account No. 4789000100047901 and IFSC Code: PIJNB0478900 and it is also informed that the investigation is going on and some more fake accounts may be found in future.
15. Keeping in the mind the entirety of the matter, this Court is of the opinion that the petitioner is involved in the gang which is running similar Signature Not Verified Signed By:GAURAV SHARMA Signing Date:26.02.2022 14:27:48 nature of the business and committing the frauds with the elderly people and is involved in the financial and bank fraud. Such type of offences is harmful for the society and affects the entire financial system of the country.
16. Keeping in mind all the facts and circumstances mentioned hereinabove, the conduct of the petitioner and the fact that he is not cooperating with investigation and dismissal of his four bail applications before the Court below on the same grounds, this Court is not inclined to grant anticipatory bail.
17. Accordingly, the instant bail application is dismissed.
18. Pending applications, if any, also stand disposed of.
CHANDRA DHARI SINGH, J FEBRUARY 24, 2022 gs/ms Signature Not Verified Signed By:GAURAV SHARMA Signing Date:26.02.2022 14:27:48