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: SUNITA GUPTA, J.

1. Vide this common order, I shall dispose of Crl.M.C. No.1635/2013, Crl.M.C. No. 1012/2013 and Crl.M.C. No. 1022/2013 as Crl.M.C. No. 1635/2013 has been filed by the State u/s 482 Cr.PC. r/w Section 439(2) Cr.P.C. seeking setting aside of order dated 26th February, 2013 passed by learned Additional Sessions Judge, New Delhi whereby the respondents were granted anticipatory bail in case FIR No. 154/2011 registered at PS Economic Offences Wing u/s 66/66C Information Technology Act, 2000 r/w Section 408/420/120B/IPC whereas Crl.M.C.No.1012/2013 and Crl. M.C.No.1022/2013 have been filed by the complainant against respondent No. 2 seeking the same relief. For the sake of convenience, I shall take up Crl.M.C. No.1635/2013 filed by the State. 2.1. It is the case of the petitioner that FIR No.154/2011 came to be registered on the complaint of Mr. Vijay Govind Saxena, General Manager (HR), M/s. Vogueserv International Pvt. Ltd. alleging that their ex-employees, namely, Mr. Rajesh Gosain, Mr. Alok Gupta, Mr. Abhishek Arvind and Mr. Mohit Kothiwal had committed theft of data by way of unauthorised access to the computer system, network and e- mails of the company and also took wrongful possession of sensitive and confidential information entrusted to them in their capacity. It was further alleged that the aforesaid persons diverted business from Vogueserv International Pvt. Ltd. to their newly formed company. 2.2. During the course of investigation, raids were conducted at the residential as well as office premises of the Respondents. From Respondent No.1 two hard discs, one laptop, five mobile phones, three CDs and seven DVDs were seized. From Respondent No.2 one hard disc, and from their office located at 101, Kundan Kutir, Ashram Chowk two laptops and one mobile phone were seized. 2.3. The data so seized was sent to the CFSL on 27.8.2012. The CFSL provided its report in respect of the said data on 26.1.2013. On comparison and analysis of the data recovered from the various exhibits sent to the CFSL, it is found that certain data belonged to the complainant company and should not have been present in the system of the accused persons.

2.4. It is evident that the accused persons had copied the information through pen drive or external hard disc from the system of the complainant company to their personal system with the objective of using the same in their own business. The pen drive and external hard disc through which the accused persons would have used to unauthorizedly copy/download the data is still in the possession of accused persons and must be recovered.

2.5. During investigation, from the e-mails recovered, it is found that the newly incorporated company of the accused persons was dealing with the clients of the complainant company while still in its employment. The business of the complainant company is such that being a trading agency it works as mediator/agent between foreign buyers and Indian manufacturers. The complainant company as well as the company newly incorporated by the Respondents herein inspect for quality control the goods being manufactured by Indian vendors on behalf of the foreign buyers. Therefore, the contacts, the data and earned relationships become highly important.

2.9. In light of the above, it is submitted that cancellation of bail is necessary for the Investigating Agency to effectively conclude the investigation. While a prima facie case is made out against the Respondents herein during investigation, to discover the methodology adopted by the Respondents in transferring the data to their laptops/hard discs, custodial interrogation is necessary. 2.10. It is submitted that in a case of cyber crime custodial interrogation is imperative as only the accused persons would be in a position to disclose the full nature of the conspiracy. Moreover, it is only after the report of CFSL and analysis of the data is received that further investigation can be made. It is further submitted that in all likelihood, the accused persons are likely to tamper with evidence.