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Saimul Hoda vs State
2020 Latest Caselaw 3094 Del

Citation : 2020 Latest Caselaw 3094 Del
Judgement Date : 12 November, 2020

Delhi High Court
Saimul Hoda vs State on 12 November, 2020
                      *       IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +       BAIL APPL.No.1155/2020

                                                            Judgment reserved on : 07.08.2020
                                                                 Date of decision: 12.11.2020


                      SAIMUL HODA                                             ..... Applicant

                                                Through:   Mr.Ravi Gupta, Advocate.

                                                Versus

                      STATE                                                   .....Respondent

                                                Through:   Mr.Kewal Singh Ahuja, APP for State
                                                           with SI Narender Kumar, Cyber Cell
                                                           Crime Branch.

                      CORAM:
                      HON'BLE MS. JUSTICE ANU MALHOTRA

                                                           JUDGMENT

ANU MALHOTRA, J.

1. The applicant, vide the present application seeks the grant of

bail in relation to FIR No.189/2017, PS Crime Branch, New Delhi

under Section 420 of the Indian Penal Code, 1860 submitting inter

alia to the effect:-

• that he has been incarcerated since 15.11.2019; • that he has been falsely implicated in the instant case; Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

• that two other co-accused persons namely Samir Tantubai and Manoj Hari who were the main and only beneficiaries, have already been granted bail;

• that the charge sheet in the matter has been filed; • that the applicant was not even named in the main charge sheet;

• that the matter is at the stage of evidence and in the prevailing pandemic, the trial would take time; • that the applicant has clean antecedents and has never been convicted previously and that he has been falsely implicated in other unsolved FIRs; • that the applicant's father is aged more than 87 years and suffers from acute spinal injury, and had met with an accident and is confined to bed;

• that the younger daughter of the applicant aged 5 years suffers from kidney disease and that both the father and daughter of the applicant need proper care, attention and presence of the applicant;

• that the applicant undertakes to join the Court proceedings regularly.

2. Notice of the application was issued to the State and accepted

by the learned APP on behalf of the State.

3. Pursuant to proceedings dated 08.06.2020, 19.06.2020,

02.07.2020, 09.07.2020, 20.07.2020, the status reports dated

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

15.06.2020, an undated status report, 30.06.2020, 07.07.2020,

27.07.2020 and written submissions dated 08.07.2020 and the chart of

details of numbers utilized in the alleged commission of crime were

submitted on behalf of the State.

4. Written submissions have also been submitted on behalf of the

applicant along with the copies of rulings sought to be relied upon on

behalf of the applicant.

5. As regards the aspect of the ailment of the father of the

applicant and the ailment of the daughter of the applicant vide order

dated 19.06.2020, it has been specifically observed to the effect that

the document which the applicant had submitted in relation to his

daughter's ailment related to the year 2017 and could thus not be

considered qua the submission made on behalf of the applicant that the

applicant's daughter still continues to suffer with the kidney disorder.

6. As regards the ailment of the father of the applicant and the

number of persons available at the house of the applicant to look after

his father, the State was directed to submit a status report vide order

dated 19.07.2020. The status report dated 30.06.2020 under the

signatures of the ACP, Cyber Cell, Crime Branch, Delhi indicates that

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

though the father of the applicant undoubtedly is bed ridden due to

broken hip joint & fracture in femur (left leg), further enquiries have

revealed that there are four other family members of the petitioner

including his two younger brothers namely Faizul Hoda (Age-32

Years), Jaimul Hoda (Age-27 Years), and his mother and his wife are

available there to take care of his father and the elder brother of the

petitioner namely Khairul Hoda @ Babblu Hoda also resides in the

same locality. Thus, qua the aspect of the ailment of the father of the

applicant too, the prayer made by the applicant, cannot be granted.

7. The allegations in the instant case emanate from a complaint

lodged by Smt.Bhanu Prabha Gupta alleging that she received a call

on 15.07.2017 on her mobile no. 9868929619 from mobile

no.9563221857 in which the caller masqueraded himself as being a

bank employee and asked her the details of her ATM card in the name

of the activation of the blocked card and that the complainant followed

the instructions of the caller and shared her SBI ATM CARD details

due to which she received an OTP on her mobile number. The caller is

then alleged to have asked the complainant the OTP, on which she had

informed the caller of the receipt of the OTP on the same mobile

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

number on which the caller had called her and that she did not know

how to open the message during the call, as a consequence of which

the caller had asked her for another mobile number and the

complainant gave the caller another mobile no 9873797825 on which

the caller called her and got an OTP, whereafter, a sum of Rs.8,000/-

was deducted from the account of the complainant. The caller is then

alleged to have asked the complainant whether she had another bank

account, on which the complainant replied in the affirmative and

shared the details of another account of the Indian Bank Account due

to which an amount of Rs.31999/- was deducted from her account and

thus she was duped to the tune of Rs.39999/- from her two bank

accounts, as a consequence of which the case was registered.

8. It is indicated vide the status report dated 15.06.2020 that

during the course of investigation on 15.07.2017, an amount of

Rs.5,000/- and Rs.3,000/- were found to be loaded into two online

wallets of Kitecash 8617354860 and Transaction Analysts wallets of

Kitecash 8617354860 and Transaction Analysts 9411269180

respectively by using the details of the debit card of complainant's SBI

Bank account and that further on 15.07.2017, an amount of Rs.5,000/-

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

was found to be transferred into the SBI Bank account bearing a/c no.

20015318020 of the accused Manoj Hari R/o Distt. Burdwan, W.B.

During the investigation that was conducted it was found that on

15.07.2017, an amount of Rs.10,000/-, Rs.19,999/- and Rs.2,000/-

were found to be loaded into three online wallets of Ola Cab

9134757185, the Mobile Wallet 7031681439 and Transaction

Analysts 9411269180 respectively by utilizing the details of the debit

card of the complainant's Indian Bank account.

9. As per the said status report, the investigation conducted

indicated that on 15.07.2017, an amount of Rs.9948/- was found to be

transferred into the Central Bank of India account bearing No.

3567085615 of the co-accused Samir Tantubai from Ola Cab wallet

9134757185. A further sum of Rs.5118/- was found to be transferred

into the Central Bank of India account bearing No. 3567085615 of the

said co-accused Samir Tantubai from the mobile wallet 7031681439

and Rs.5000/- was further found to be transferred into the Mobikwik

wallet 8617092880 from the mobile wallet 7031681439 and a further

amount of Rs.4,600/- was found to be transferred into the Central

Bank of India account bearing A/c No. 3567085615 of the accused

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

Samir Tantubai from Mobikwik wallet 8617092880. A further sum of

Rs.4881/- was stated to be transferred into the Mobikwik wallet

9134757186 from the mobile wallet 7031681439 and a further amount

of Rs.4750/- was found to be transferred into the SBI account bearing

a/c no 20015318020 of the accused Manoj Hari from Mobikwik wallet

9134757186. A further sum of Rs.5,000/- is stated as per investigation

conducted to have been transferred into the Kitecash wallet

9609966609 from the mobile wallet 7031681439 and a further amount

of Rs.5,000/- was found to be transferred into the SBI account bearing

A/c No. 20015318020 of the accused Manoj Hari from Mobikwik

wallet 9609966609.

10. As per the said status report dated 15.06.2020, the accused

Chandan Mandal who made the call to the victim and transferred the

cheated money into different online wallets and bank accounts and co-

accused Manoj Hari were arrested on 04.10.2018 and 21.08.2018

respectively in FIR No.110/2017, PS Crime Branch under Sections

420/467/468/471/201/120B of the Indian Penal Code, 1860 and are

stated to be on Court bail in the said case. The co-accused Samir

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

Tantubai who is stated to have been arrested on 14.10.2019 is also

stated to have been released on Court bail.

11. As per the status report dated 15.06.2020, it was submitted vide

paragraphs 11, 12, 13 & 14 further to the effect:-

"11. During the further course of investigation details of below mentioned four alleged mobile numbers were obtained from concerned mobile operators and found to be issued in the name of below mentioned subscribers from the shop of "Lalu Telecom", Girjapara, MP Road, Asansol, Paschim Bardhman, :-

                        S.No. Mobile Number           Name, Parentage &       Shop        Date of
                              & Role                  Address                             activation
                          1.  8617354860              Rishikesh Das S/O       Lalu        29.05.17
                              (Jio) registered        Rameshwar Das R/O       Telecom,
                              in      Kitecash        Kath Gada Raniganj      Girjapara,
                              Wallet Received         AMC At Raniganj,        MP Road,
                              Rs.5,000/-              Bardhman, WB.           Asansol,
                                                                              Paschim
                                                                              Bardhman
                            2.     9134757185         Shukuntala Gope W/O     Lalu       05.07.17
                                   (Idea)             Babu Lal Pal R/O        Telecom,
                                   Registered   in    Egera, Harabhanga,      Girjapara,
                                   Ola Cab Wallet     EgarabKumarkhala,       MP Road,
                                   Received Rs,       WB-713323               Asansol,
                                   10000/-.                                   Paschim
                                                                              Bardhman
                            3.     8617092880         Sekh Salamat S/O Sekh   Lalu       18.05.2017
                                   (Jio) Registered   Alem R/O Rajnagar,      Telecom,
                                   in Mobikwik        Rajnagar     Birbhum,   Girjapara,
                                   Wallet Received    West Bengal.            MP Road,
                                   Rs.5000/-                                  Asansol,
                                                                              Paschim
                                                                              Bardhman
                            4.     9134757186         Shyamal Kumar Das       Lalu       05.07.2017
                                   (Idea)             S/O Sridharchandra      Telecom,
                                   Registered   in    Das R/O Babuisole       Girjapara,
                                   Mobikwik           Colony PO Baktar        MP Road,
                                   Wallet Received    Nagar Andal Ondal       Asansol,
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:17.11.2020
13:21:00
This file is
digitally signed by

PS to HMJ ANU
MALHOTRA.
                                  Rs.4881/-      Bardhman      WB- Paschim
                                                713321            Bardhman

12. During the further course of investigation subscribes of Mobile Numbers 8617354860, 9134757185 and 9134757186 were interrogated in present case and they were asked about the mobile numbers issued on their respective names but they were found to be unaware about the issuance of above-mentioned mobile numbers issued on their names. Further mobile number 8617092880 found to be issued on fake address.

13. During the further course of investigation search of owner of "Lalu Telecom" Girja Para, MP Road Asansol (from where four alleged mobile numbers 8617354860, 9134757185, 9134757186 and 8617092880 were issued), was made and it came to know that owner of Lalu Telecom, accused Md. Saimul Hoda @ Lallu had already been arrested by PS Ranigang Police, on 14.09.2019, in Case Fir No. 324/2019, Dated 13.09.2019 U/S 419/420/467/ 468 IPC. During the further course of investigation on 15.11.2019, accused Saimul Hoda @ Lallu S/O Md. Nurul Hoda R/O Girjapara, PS Raniganj, Paschim Bardhman, West Bengal, Age 32 Years was arrested formally in present case in pursuance of production warrant got issued from Hon'ble Court. After detailed interrogation, disclosure statement of accused Saimul Hoda @ LaHu was recorded separately. During the interrogation accused Md. Saimul Hoda @ Lallu disclosed the name of his accomplice as Rajesh Mondal, who used to sit at his shop with him and he (Rajesh Mondal) was the retailer of some mobile companies. Efforts were also made to trace/search his accomplice Rajesh Mondal in Egara, Raniganj, West Bengal during police remand of accused Md. Saimul Hoda @ Lallu, but could not be found. Efforts are still going on to arrest accused Rajesh Mondal.

14. During the further course of investigation involvement of accused Md. Saimul Hoda @ Lallu has also been found in following cases:-

a) Case FIR No. 48/2019, U/S- 420/379 IPC, PS- Nagar Sahayak, District- Katihar, Bihar, in which Bihar Police is in the process to take the custody of accused Md. Saimul Hoda @ Lallu. Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

b) Case FIR No. 110/2017, U/S- 420/467/468/471/120B/201 IPC, PS Crime Branch, Delhi, in which he has been formally arrested on 10.06.2020.

c) Case FIR No. 188/2017, U/S- 420/467/468/471/120B/201 IPC, PS Crime Branch, Delhi. In Case FIR No. 110/2017 & 188/2017 PS Crime Branch, Delhi accused Md. Saimul Hoda @ Lallu, in which he has been formally arrested on 10.06.2020.", and it was thus, alleged by the State that the applicant/petitioner is deeply involved in the nexus and has played a vital role in the conspiracy by providing the mobile SIMs issued on fake IDs or without the knowledge of the subscribers, to the alleged cheats for committing the crime.

12. Vide order dated 09.07.2020 thus, it was observed to the effect

that it was essential to peruse the documents that the State had

collected during the investigation which related to the

applicant/petitioner having issued the mobile SIMs on fake IDs or

without the knowledge of the subscribers and the State was thus

directed to submit on record the updated status report and all

documents in relation thereto for the next date of hearing.

13. On the date of hearing on 20.07.2020, a chart was submitted by

the State which reads to the effect:-

                       Mobile No.    Name Of        Status            Of   Amount          Transfer     Status Of
                       Used In The   The            Subscriber/            Received In     To           Bank
                       Case          Subscriber     Statement U/S. 161     E-Wallet        Bank         A/C Holder
                                                    Cr.P.C                                 Account
                       8617354860    Rishikesh      During investigation   8617354860      Rs.5000/     Accused
                                     Das            effort to trace and    was             - was        Manoj
                                     s/o            interrogate            registered in   transferre   Hari     has
                                     Rameshwar      Rishikesh Das was      Kitecash        d in SBI     been granted
                                     Das R/O        made and notice was    Wallet and      a/c no.      bail by the
                                     Kath Gada      served upon him        Received        2001531      Tis Hazari
                                     Raniganj       to       join    the   Rs.5000/-       8020.        court      on
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:17.11.2020
13:21:00
This file is
digitally signed by

PS to HMJ ANU
MALHOTRA.
                                      AMCat       investigation        on    (Pg. no. 10    (Pg.        15.01.19
                                     Raniganj,   21.10.19 but he didn't     of the main    no. 10 of   (Para 3 on
                                     Distt.      turn up.                   chargesheet)   the main    Pg. no.
                                     Paschim     He        filed      his                  chargesh    1 of the
                                     Bardhman,   anticipatory        bail                  eet)        status report
                                     West        application before Ld.                    The SBI     dt:
                                     Bengal.     ASJ Tis Hazari Court,                     a/c no.     07.07.2020)

listed on 02.03.2020. 2001531 The Ld. ASJ ordered 8020 is Rishikesh Das to join registere the investigation on d on the 18.03.2020 and in name of compliance of the accused same he was Manoj interrogated regarding Hari.

                                                 mobile              no.                   (Pg. no.
                                                 8617354860 he stated                      11 of the
                                                 that in May 2017, he                      main
                                                 went to his nearby                        chargesh
                                                 shop "Lallu Telecom"                      eet)
                                                 for taking a JIO SIM
                                                 where during the
                                                 issuance of mobile
                                                 no. 8617348808 he
                                                 was asked to give his
                                                 thumb impression 3-4
                                                 times      by    saying
                                                 machine not reading
                                                 the          impression
                                                 properly and he stated
                                                 that he never used
                                                 SIM of mobile no.
                                                 8617354860. He was
                                                 also
                                                 shown the alternate
                                                 number(
                                                 9851797762)
                                                 mentioned
                                                 in    the     Customer
                                                 Application form of
                                                 mobile no.
                                                 8617354860,           to
                                                 which he stated that
                                                 the alternate number
                                                 doesn't belong to
                                                 him. The alternate
                                                 number
                                                 9851797762         was
                                                 found to be registered
                                                 in the name of the
                                                 accused/petitioner
                                                 Md.             Saimul
                                                 Hoda.(copies of CAF
                                                 of      mobile      no.
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:17.11.2020
13:21:00
This file is
digitally signed by

PS to HMJ ANU
MALHOTRA.
                                                     8617354860,
                                                    8617348808 and
                                                    9851797762         are
                                                    attached            as
                                                    Annexure-B on Pg.
                                                    no.10-12)
                                                    (Pg. no. 1-2;Para 2 :
                                                    Status    report    dt:
                                                    18.02.2020)
                       9134757185    Shakuntala     Statement           of    Rs.10,000/      From the     Accused
                                     Gope           Shakuntala       Gope     transferred     Ola cab      Samir
                                     w/o     Babu   u/s. 161 Cr.P.C she       to Ola cab      wallet       Tantubai has
                                     Lal Pal        stated                    wallet          Rs.5,235/    been granted
                                     R/o Egera      that she has never        registered on   - and Rs.    bail      by
                                     Harabhanga     used the number           9104757185      4713/-       Hon'ble
                                     ,              9134757185 that is        (Pg. no. 11     transferre   High court
                                     Kumarkhala,    registered on her         of the main     d in a/c     of Delhi
                                     Bardhman,      name, however, she        chargesheet)    of           vide order
                                     West           has purchased an                          Central      dated
                                     Bengal.        Idea SIM in July                          bank of      13.01.2020.
                                                    2017 from the shop                        India        (Para 4 on
                                                    of "Lalu Telecom"                         bearing      Pg. no. 2
                                                    in                                        a/c no.      status report
                                                    Raniganj         which                    3567085      dt:07.07.202
                                                    couldn't            be                    615.         0)
                                                    activated. She stated                     (Pg. no.
                                                    that she                                  11 of the
                                                    returned the SIM to                       main
                                                    the shopkeeper and                        chargesh
                                                    shopkeeper kept the                       eet)
                                                    SIM and she was                           The
                                                    asked to come after                       Central
                                                    2-3 days. Later on as                     bank of
                                                    she inquired again,                       India
                                                    the       shopkeeper                      bearing
                                                    about the SIM, he                         a/c
                                                    returned her the fee                      no.
                                                    saying that the SIM                       3567085

                                                    activated due to                          registere
                                                    some problem. (Pg.                        d on the
                                                    no. 13 : Annexure-C                       name of
                                                    of the status report                      accused
                                                    18.02.2020)                               Samir
                                                                                              Tantubai.
                                                                                              (Pg. no.
                                                                                              12 of the
                                                                                              main
                                                                                              chargesh
                                                                                              eet)
                       9134757186    Shyamlal       Statement          of     Rs.4881/-       Rs.4750/     Accused
                                     Kumar          Shyamlal Kumar Das        transferred     transferre   Manoj
                                     Das      S/o   U/s. 161 Cr.P.C on        to     online   d to SBI     Hari    has
                                     Sridhar        whose name mobile         wallet     on   bearing      been
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:17.11.2020
13:21:00
This file is
digitally signed by

PS to HMJ ANU
MALHOTRA.
                                      Chandra Das   no. 9134757 186 was        Mobikwik        a/c no.      granted bail
                                     R/O           registered stated that     9134757186      2001531      by
                                     Babui Sole    he is mini bus driver      (Pg. no. 10     8020         the        Tis
                                     Colony,PO     on the route of            of the main     registere    Hazari
                                     Baktar        Raniganj to Binachiti      chargesheet)    d on the     court      on
                                     Nagar         and earlier on route of                    name of      15.01.19
                                     Andal,        Asansol to Deoghar.                        Manoj        (Para 3 on
                                     Bardhman,     He further stated that                     Hari         Pg. no.
                                     West          he has no information                                   1 of the
                                     Bengal.       about said                                              status
                                                   number            being                                 report dt:
                                                   registered on his                                       07.07.2020)
                                                   name and he has
                                                   never     used      that
                                                   number. He stated
                                                   that he is using only
                                                   two
                                                   numbers of Airtel and
                                                   Vodafone form last 8-
                                                   10 years. He further
                                                   stated that he had lost
                                                   his Aadhar card
                                                   somewhere             in
                                                   Asansol in year 2017
                                                   and someone might
                                                   have misappropriated
                                                   that only. (Pg. no. 14
                                                   : Annexure-D of the
                                                   status           report
                                                   18.02.2020)
                       8617092880    Sekh          During investigation       Rs.5000/-       Rs.4,600/    Samir
                                     Salamat S/O   on 12.10.2019 search       transferred     -            Tantubai
                                     Sekh Alem     for Sekh Salamat           to              transferre   has     been
                                     R/O           was       made        at   online wallet   d from       granted
                                     Rajnagar,     Rajanagar, district        on              online       bail      by
                                     Birbhum,      Birbhum,          West     Mobikwik        wallet on    Hon'ble
                                     West          Bengal, but he could       registered on   Mobikwi      High court
                                     Bengal.       not be traced due to       number          k of         of
                                                   incomplete address.        8617092880      number       Delhi vide
                                                   (Para I; Pg.no. 12 :       (Pg. no. 10     8617092      order
                                                   Supplementary              of the          880 to       dated
                                                   chargesheet)               main            Central      13.01.2020
                                                                              chargesheet)    Bank Of      (Para 4 on
                                                   Application Form of                        India        Pg. no.
                                                   mobile           no.                       bearing      2 of the
                                                   8617092880 was                             a/c          status
                                                   Analysed (Pg. no.15                        no.          report
                                                   of the status report                       3567085      dt:07.07.202
                                                   dt: 18.07.20, as                           615          0)
                                                   Annexure-E),      in                       registere
                                                   which an alternate                         d on the
                                                   contact number was                         name of
                                                   found as 9800001015                        Samir
                                                   which was found to
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:17.11.2020
13:21:00
This file is
digitally signed by

PS to HMJ ANU
MALHOTRA.
                                                 be issued in                Tantubai.
                                                name       of     the
                                                accused/petitioner
                                                Md.           Saimul
                                                Hoda.(Pg.
                                                no. 4; para 5 :Status
                                                Report            Dt.
                                                18.07.2020)



The said chart submitted by the State indicates allegedly to the effect

that the mobile numbers utilized in the alleged commission of the

crime were issued in the names of persons who stated that they did

not belong to them or had never utilized the same but were also

registered in alternate numbers in the name of the present applicant

and monetary transactions were then allegedly effected with monies

withdrawn and transferred into the account No.8617354860 qua

which the applicant herein had an alternate number i.e. 9851797762

and the amount transferred into the account number 8617092880 is

indicated to have an alternate mobile number i.e. 98000001015 in

the name of the applicant.

14. It has thus been submitted by the State that during the course of

the investigation, the search of the owner of 'Lalu Telecom" Girja

Para, MP Road Asansol (from where four alleged mobile numbers

8617354860, 9104757185, 9134757186 and 8617092880 were

issued),was made and it was learnt that the owner of 'Lalu Telecom' is Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

the applicant herein who had been arrested by PS Raniganj Police on

14.09.2019 in case FIR No. 324/2019 registered under Sections

419/420/467/468 of the Indian Penal Code, 1860, whereafter, the

applicant was formally arrested in this case but the investigation under

Section 173(8) of the Cr.P.C., 1973 was kept pending qua the

absconding accused Rajesh Mondal and Rishikesh Das and others.

15. Inter alia the State has submitted that apart from the applicant

being wholly involved in the nexus and having played a vital role in

the conspiracy by providing mobile numbers issued by him on fake

IDs or without the knowledge of the subscribers to the co-accused for

the purpose of commission of the crime and apart from the applicant

being the owner of 'Lalu Telecom' from where the four alleged mobile

numbers i.e. 8617354860, 9104757185, 9134757186 and 8617092880

used in commission of the crime were issued, the recovery at the

instance of the applicant is also stated to have been made on

22.11.2019 from his shop now known as 'Heena Telecom' which was

earlier known as 'Lalu Telecom' which recovery was to the effect:-

"i. One Biometric thumb impression machine make SAFRAN MORPHO, colour Red & Black, Model: MSO 1300 E2.

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

ii. One Biometric thumb impression machine make SAFRAN MORPHO, colour Red & Black, in which other details are not visible/clear.

iii. One Biometric thumb impression machine make STARTEK ENG. INC, colour white, Model No. FM220, Barcode No. B47501555.

iv. One visiting card plastic box containing 5 cards of Lalu telecom with following details, Mob. 9800001015, 9333338619 Lalu Telecom All Kinds of Mobile Sale & Service All Company Voucher & Easy Recharge Available Here Burn's Club More, Girjapara, Raniganj with logo of Airtel, Jio, Vodafone, BSNL, Reliance, Aircel and Idea" and 10 cards of Hena telecom with following details *Mob. 9933491360, 9333338619 Hena Telecom SALES & SERVICING All Kinds of Mobile Voucher, SIM, Head Phone, Recharge Available Here Burn's Club More, Girjapara, Raniganj - 713347, Dist-Paschim Bardhaman with logo of Samsung, Nokia, Jio, Vodafone, Airtel, BSNL and Idea."

16. Inter alia it has been submitted by the State that at the behest of

the applicant were recovered visiting cards from his shop in the name

of Lalu Telecom and Heena Telecom with the applicant having

submitted that he was running his shop in the name of Lalu Telecom

from March 2009 to January 2018, whereafter, he changed the name

of his shop from Lalu Telecom to Heena Telecom in January 2018

after receipt of notices from police of other States as per his alleged

disclosure statement dated 15.11.2019 and 20.11.2019. The State

thus seeks to submit that the applicant has been issuing fake Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

mobile SIMs in the name of different innocent customers who

used to come to the shop to purchase mobile SIMs and

fraudulently obtained SIMs to call innocent persons to cheat them

and that the applicant was a part of a profession racket engaged in

cheating the innocent persons at large all over the country by

impersonating themselves as bank employees and on the pretext of

updating their ATM cards.

17. On behalf of the applicant, it has been submitted that there is no

prima facie documentary evidence against him that he is involved in

the matter, that his retracted confession in police custody in

meaningless, that it was Rajesh Mondal and the employee of the

applicant who were the master mind, in as much as, he was authorized

to sell the SIMs and there is a specific code and ID without which the

SIMs could not have been activated and the said Rajesh Mondal has

not been apprehended and that the applicant cannot be convicted

before trial.

18. Reliance is sought to be placed on behalf of the applicant on the

verdict of the Hon'ble Supreme Court in "Sanjay Chandra Vs.

Central Bureau of Investigation" 2011 (4) JCC 2913 and on the

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

verdict of this Court in "Jitender Kumar Vs. Govt. of NCT of Delhi"

2016 (1) JCC 652 to contend to the effect that the applicant be

released on bail. Inter alia it has been submitted on behalf of the

applicant that he falls within the ambit of the minutes of the meeting

of the Hon'ble High Powered Committee of this Court dated

18.05.2020 and that he be thus released on bail.

19. On a consideration of the submissions that have been made on

behalf of either side, this Court is of the considered view that in the

instant case, the shop 'Lalu Telecom' from which the alleged fake

mobile SIMs were issued or were alternatively also issued in the name

of the applicant were allegedly mis-utilized by the applicant, which

ipso facto negates the grant of bail to the applicant in the instant case.

No explanation appears to be forth coming on behalf of the applicant

qua the issuance of alternate mobile numbers in the name of the

applicant.

20. Furthermore, the applicant is also allegedly involved in relation

to FIR No.48/2019 under sections 420/379 IPC PS Nagar Sahayak,

District-Katihar, Bihar FIR No.110/2017 PS Crime Branch under

Sections 420/467/468/471/120B/201 IPC and FIR No.18082017 PS

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

Crime Branch under Sections 420/467/468/471/120B/201 IPC and

thus does not fall within the ambit of the minutes of the meeting of the

Hon'ble High Powered Committee of this Court dated 18.05.2020.

The severity of the impact on members of the public being cheated

and duped of their money cannot be ignored in the facts and

circumstances of the instant case.

21. The application is thus, declined.

22. Nothing stated hereinabove shall however amount to any

expression on the merits or demerits of the trial in the instant case.

ANU MALHOTRA, J.

th NOVEMBER 12 , 2020 'neha chopra'

Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by

PS to HMJ ANU MALHOTRA.

 
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