Ankur Goel vs State
2020 Latest Caselaw 1606 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Judgment Reserved On: 04.03.2019
                             Judgment Pronounced On: 13.03.2020

+        Bail Appl. No. 617/2020


         ANKUR GOEL.                                ..... Petitioner

                           Through:     Mr. Rakesh Tikku, Sr.
                                        Advocate along with Mr.
                                        Pritesh   Sabbarwal,   Mr.
                                        Jyotsna Mehta, Mr. Sandeep
                                        Kumar and Mr. Surya
                                        Prakash, Advocates.
                           versus

         THE STATE OF NCT OF DELHI                  ..... Respondent

                           Through:     Mr. Tarang Srivastava, Ld.
                                        APP for the state with SI
                                        Manjeet PS: Cyber Cell,
                                        Special cell


HON'BLE MR. JUSTICE BRIJESH SETHI

                           JUDGMENT

BRIJESH SETHI, J

1. Vide this order, I shall dispose of a bail application filed

under Section 439 Cr.P.C. on behalf of the petitioner Ankur Goel

for grant of bail in FIR no. 150/2019, under Section 420/120B/34

IPC, PS Special Cell(SB).

2. Ld. Counsel for the petitioner has prayed for anticipatory

bail on the ground that petitioner is innocent and has been falsely

implicated. Petitioner is currently holding a Permanent Resident

Permit of Germany. Petitioner is in custody since 03.02.2020. He

has moved two bail applications dated 11.02.2020 and 13.02.2020

respectively before the Ld. CMM, Patiala House Courts but the

same were dismissed. It is submitted that petitioner has no

connection with the entire alleged transaction as neither the

payment for the alleged transaction were made from the card of the

petitioner nor the delivery of the goods were made to the petitioner.

It is further submitted that offence of cheating was committed by

one Naved Malik and petitioner is not even named in the FIR as an

accused. It is further submitted that petitioner has no criminal

antecedents and there are no chances of his absconding. It is,

therefore, prayed that petitioner be released on bail.

3. Ld. Counsel for the petitioner, in support of its submissions,

has relied upon the following case law:-

1) Sanjay Chandra v. CBI, Crl. A.No. 2178 of 2011;

2) Arnesh Kumar v. State of Bihar & Anr., (2014) 8 SCC

4. I have gone through the above case law. It is a settled law

that each bail application is to be decided on the basis of its own

peculiar facts and circumstances. No straitjacket formula can be

laid own for dispose of the bail application. So far as the cases

cited by Ld. Counsel are concerned, these are distinguishable on

the basis of the facts and circumstances stated therein.

5. Ld. APP for the State has opposed the bail application on the

ground that the allegations against the petitioner are serious in

nature. Petitioner had made call from mobile no. +491707744302

to the complainant and purchased goods. The CDRs of mobile

phone no. +491707744302 duly prove the fact that orders were

placed from this mobile phone only. He has, therefore prayed for

dismissal of the bail application.

6. I have considered the rival submissions. The present case

u/S. 419/420/120B/34 IPC was registered on a complaint filed by

Ms Rose Conlan, on behalf of M/s Christian Louboutin India Pvt

Ltd, a company dealing in super luxury leather items and having

store at DLF Emporio mall, Vasant Kunj, Delhi. It is alleged that

one Naved Mallik, a US resident made a call on 11.03.2019 from a

foreign no. +491707744302 at the landline phone of the outlet and

showed his interest in purchasing shoes from the outlet. The caller

provided his mail ID which was [email protected] On

12.03.2019, the caller selected few items (shoes/purse) having total

cost of Rs 25,80,500/-. On 19.03.2019, the caller used a different

number i.e. 87368377395 and placed order and also forwarded

authorisation letter in respect of three cards which were to be

swiped, through another mail ID i.e. [email protected] The

payment was made from these cards on 19/03/2019 and delivery of

these items (27 pairs of shoes and 3 bags) was taken by two

persons from the outlet, sent by the caller on 20.03.2019. On

22.03.2019, the caller again placed order after selecting some other

items and made payment of Rs 11,00,000/-in the same way and

taken the delivery of items (8 bags/purse) on 23/03/2019 through

the same two persons. Thereafter, the caller raised a dispute on the

transaction of the credit cards and got charge back of the full

amount. Thus, it caused a wrongful loss to the company for an

amount of Rs. 36,80,500/-. The ILD search report of the alleged

phone number +491707744302 was obtained from Indian telecom

service providers and it was found that some Indian phone numbers

were in contact with this number. Analysis of those numbers led to

an Indian mobile number i.e. 7777877774. According to CAF,

phone no. 7777877774 was issued to the petitioner and it was

found that phone no.7777877774 has made several calls to Hotel

JW Marriott, Aerocity, Delhi. Investigation at Hotel JW Marriott

revealed that one Ankur Goel R/o Frankfurt, Germany having an

Indian passport No. Z2873089 is a regular customer of this hotel.

Phone numbers +491707744302, 7777877774 and 9988333389

were mentioned as his number in the hotel record. Efforts were

made to trace the petitioner Ankur at his Punjab address but the

same was found locked. Local enquiry revealed that the family of

petitioner had shifted abroad several years back. Thereafter, as

there was no clue regarding the whereabouts of petitioner, LOC to

intercept him was issued on 5.09.2019. Thereafter, in the night of

03.02.2020, petitioner was intercepted at IGI Airport while he

landed at Delhi Airport and was arrested. He disclosed that in year

2016, he along with Naved Malik and Shaheer Rizwan had entered

into a business of Desert safari but after some months, he left the

business. Due to lack of fund, the desert safari business was closed

and Naved and Shaheer suffered huge losses. Thereafter, to settle

the losses of Naved and Shaheer, all three decided to purchase the

goods from Christian Louboutin India and then sell it in Dubai.

Whenever petitioner came to India, he used to shop from Vasant

Kunj, Delhi outlet of M/s Christine Louboutin India Pvt Ltd. It is

further alleged that at the instance of Naved Mallik, petitioner

introduced himself as Naved Mallik and after placing the orders,

made payments from Virtual credit cards. After the goods were

collected from the outlet, a charge back was raised by Naved

Mallik upon which the payment of Rs 36,80,500/-was reimbursed

to him. Petitioner has also revealed that to collect the goods from

the outlet, he had sought the help of one Anil, an Indian resident

overstaying in Germany. Anil himself managed two of his friends

in India to collect the goods from the outlet in Delhi. The goods

were later shipped by those persons to Shaheer through courier in

Dubai. Details of the shopping done by petitioner from Gucci were

obtained and found that the same number ie +491707744302 was

mentioned in their record as Ankur Goel's number. One Vishal

Pannu, running business of second hand car sale/purchase and who

was in contact with petitioner through number +491707744302 has

been examined. He has also confirmed that this number belongs to

Ankur Goel. The complainant has provided the printouts of

whatsapp chat with +491707744302 (Ankur Goel's number). In

this chat, the accused has clearly introduced himself as Naved

Mallik and stated that his mail ID is [email protected] It is

further submitted that two mobile phones and one laptop have been

recovered from the possession of the petitioner. From one of the

mobile phone of petitioner, the photos of the shoes and purse

purchased from Christian Loubotin have been recovered. The

complainant Ms Rose Conlan has identified the photos to be of the

same items which were purchased by said 'Naved Mallik' and

delivered to his two agents on 19/03/2019 and 22/03/2019.

7. Thus perusal of record reveals that the act of the petitioner

has caused wrongful loss to the complainant company i.e. M/S

Christian Louboutin India Pvt. Ltd. to the tune of Rs. 36,80,500/-.

Petitioner has made voice calls as well as whatsapp chat with the

complainant with his own German phone number +491707744302

and got the deal finalized. As per the record obtained from hotel

JW Marriott and Gucci, this number allegedly belongs to the

petitioner. Call details of complainant as well as of the petitioner's

numbers +491707744302 are corroborating with the version of

complainant that he received calls on his outlet's landline number

as well as on his mobile number. Photos of the case property i.e.

foot wears and purses are found in the phone recovered from the

possession of petitioner.

8. In view of the above facts appearing on record which, prima

facie shows active involvement of the petitioner in cheating the

complainant to the tune of Rs. 36,80,500/-, no grounds for bail are

made out at this stage. The bail application is, therefore, dismissed

and stands disposed of accordingly.

BRIJESH SETHI, J MARCH 13, 2020 Ak