Delhi High Court - Orders
Santosh Rai vs Govt Of Nct Of Delhi on 28 March, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 34/2022
SANTOSH RAI ..... Petitioner
Through : Mr. Avdesh Kumar Singh,
Mr.Rajendra Kumar Singh, Mr.
Rajesh Kumar Singh, Mr.Vaibhav
Verma and Mr.Kartikay Singh,
Advocates.
versus
GOVT OF NCT OF DELHI ..... Respondent
Through : Ms. Rajni Gupta, APP for the State
along with Inspector Vivekanand Jha
and Sub Inspector Sanjay Gupta, P.S.
: Crime Branch, ChanakyaPuri, Delhi.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 28.03.2022
1. This is a petition filed by the petitioner/Santosh Rai, s/o Late Janardan Rai under Section 439 Cr.P.C. seeking regular bail in case FIR No. 170/2021 dated 26,08.2021 registered under Sections 170/385/419/420/468/471/120-B IPC and 66-C and 66-D of IT Act, 2000 at Police Station Crime Branch, Chankyapuri, New Delhi.
2. As per the case of the prosecution, the petitioner spoofed the landline numbers of the Enforcement Directorate‟s official and Delhi Police to make extortion calls to the victim and also fake notices were sent to the victim by Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:28.03.2022 23:14:02 the accused/petitioner as he impersonated himself to be as an officer of the Enforcement Directorate („ED‟)
3. The applicant/petitioner is further stated to be a habitual offender and previously involved in other criminal cases. The main charge-sheet has accordingly been filed against the accused/petitioner in FIR No. 170/2021 dated 26.08.2021 under Sections 170/385/419/420/468/471/120B IPC and 66-C and 66-D of IT Act, 2000 against the accused persons namely Santosh Rai, Bhupinder Singh Gusain, Sanjay, Kuldeep Kumar and Afzal Ahmed @ Chhote. It is pointed-out by the prosecution that a supplementary charge- sheet is to be further filed for remaining investigation.
4. Learned counsel for the petitioner claims bail on the ground of parity since the remaining accused persons have been released on bail. It is also submitted that SIM card allegedly used for the purpose of spoofing could not be recovered and the Mobiles are only alleged to be subsequently recovered during the investigation. The Aadhaar Cards are also stated to have been subsequently planted by the prosecution.
5. On the other hand, it has been contended on behalf of the learned Additional Public Prosecutor for the State that the Mobile calls were made to the victim from the Mobile No. 9810317208 by spoofing the landline numbers which are in the name of Enforcement Directorate as well as the numbers allocated to the P.S. : Zafrabad, Delhi. Further, during investigation, it was revealed that accused Santosh Rai got himself registered at "Blacktel" application for the purpose of spoofing. The payment for the aforesaid subscription was made through PayPal on the PayPal ID. "sanatanisantoshrai@ gmail.com" which ID was found to be registered in the name of the petitioner/accused Santosh Rai.
Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:28.03.2022 23:14:026. It is further pointed-out that at the instance of petitioner, different Aadhaar Cards were recovered which were having the photographs of Santosh Rai and were prima facie forged. Also one Mobile (Samsung Galaxy J-2) was recovered from the possession of accused/petitioner which was used for making the calls to the victim for extortion using the Mobile No.9718750113.
7. Considering the facts and circumstances, there is no iota of doubt even at this stage that the applicant/petitioner was the master-mind of the entire operation whereby the names of Government officials at higher levels were spoofed. Considering the gravity of offence, the bail application is dismissed.
8. A copy of this order be forwarded to the learned trial court.
ANOOP KUMAR MENDIRATTA, J.
MARCH 28, 2022 j Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:28.03.2022 23:14:02