Manoj Sharma vs State & Ors on 16 October, 2008
15. At this stage, it is also pertinent to note that the
investigation is at a crucial stage, with arrest of 18 persons,
including the applicant's father and other co-accused. The
requirement of custodial interrogation, recovery of electronic
devices such as mobile phones, laptops, and SIM cards, and
unearthing the larger conspiracy cannot be ruled out. Grant of
anticipatory bail in such circumstances would seriously impede the
course of investigation. The contention of the learned counsel for
the applicant regarding the alleged compromise entered into with
the complainant does not impress this Court. Firstly, the said
compromise is not even signed by the applicant himself but by his
father. Secondly, the offence alleged is not merely of a private or
civil nature but has far-reaching ramifications on society at large,
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particularly affecting unsuspecting and vulnerable individuals. It is
well settled principle, as also held by Hon'ble Supreme Court in a
catena of judgments, inter alia, Manoj Sharma Vs. State of
Rajasthan & Ors. : 2008(16) SCC 1; Gian Singh vs. State of
Punjab : 20132 (10) SCC 303; Nariender Singh Vs. State of
Punjab : 2014 (6) SCC 466; Dimpey Gujral Vs. UT,
Chandigarh : 2013 (11) SCC 497 and State of TN Vs.
R.Vasantri Stanley : 2016 (1) SCC 376, that in cases involving
serious economic offences and organized cyber frauds, the
element of societal impact assumes significance, and such matters
cannot be lightly compounded on the basis of a purported
settlement. This Court is also not oblivious of the submission
advanced on behalf of the complainant regarding her precarious
financial condition and the denial of interim relief in respect of the
recovered amount. The plea of the applicant that he is a bona fide
person residing abroad and that the transactions pertain to
cryptocurrency dealings, at this stage, does not inspire confidence
so as to dislodge the prima facie case emerging from the
investigation.