Final Order 3

Order Details: COPY OF ORDER
Pdf Text: Bail Application No. 41/2024
STATE Vs. SACHIN SINGH
FIR No. 83/2023
PS Cyber New Delhi
U/Sec. 420 IPC
22.01.2024
ORDER
1. By this order, I shall dispose of the bail application of
applicant/accused Sachin Singh, filed under Section 439 CrPC in FIR
No.83/23 registered under section 420 of IPC at Police Station Cyber-
New Delhi.
2. The present FIR was registered on the complaint of Ms.
Sangeeta Bisht, stating that an unauthorized online transaction was
done from her RBL credit card for a sum of Rs.1,32,093/- (Rupees
One Lakh Thirty Two Thousand and Ninety Three Only). The
complainant further alleged that a message came in her mobile phone,
reflecting that the “transaction is successful to locon solutions,
Bangalore”. When the complainant called the customer care executive
of RBL to immediately block the card, while calling it is alleged that a
second attempt for Rs.10,160 (Rupees ten thousand one hundred and
sixty only) was tried at Ease My Deal, however the said was declined.
The customer care of RBL had registered the complaint regarding
unauthorized transaction vide service request no. 61081433 dated
28.02.2023. Later, a complaint was registered at cyber crime website,
on the basis of which, present FIR was registered.
3. Arguments were advanced from both sides.
4. It was submitted by Ld. Counsel for applicant/accused that
applicant is in custody since 06.12.2023; that no recovery has been
effected from the accused; that notice u/s 41A of CrPC was tendered
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upon the applicant/accused, but without citing any reasons, he was
arrested in the present matter, thus he be set at liberty subject to any
condition found suitable by the court.
Ld. Counsel for applicant/accused has relied on the judgment
of Hon’ble Bombay High Court in the case of Venugopal Nandlal
Dhoot Vs. Central Bureau of Investigation Banking Securities and
Fraud and Anr., decided on 20.01.2023
5. Per Contra, Ld. Substitute Addl. PP for State assisted by IO
opposed the present bail application on the ground that the
complainant was cheated for a sum of Rs.1,32,093/- in a very well
planned manner. The cheated amount was credited to the bank account
of applicant/accused Sachin Singh; that notice u/s 41A CrPC was
tendered upon the present accused, but he did not cooperate in the
investigation and also misguided the police, therefore, he was
formally arrested in the present matter; that the other accused persons
are yet to be traced and the cheated amount is also to be recovered,
therefore the application for bail of applicant/accused Sachin Singh is
strongly opposed.
6. I have heard the arguments and have perused the record.
7. In the present case, as per the record seen from the file and also
from the case diary of the IO, it is found that till date the cheated
amount has not been recovered. The conduct of applicant/accused
Sachin Singh has been uncooperative with the police in respect of the
investigation of the present matter. The co-accused persons namely
Muskan Aggarwal and Raj are not yet apprehended. Thus, taking into
account the overall facts and circumstances of the case and being
guided by the judgment of Hon’ble Supreme Court of India in the case
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of Masroor Vs. State of UP and Anr. 2009 (6) SCALE 358, wherein
the Apex Court held:
“There is no denying the fact that the liberty of an individual is
precious and is to be zealously protected by the Courts.
Nonetheless, such a protection cannot be absolute in every
situation. The valuable right of liberty of an individual and the
interest of the society in general has to be balanced. Liberty of a
person accused of an offence would depend upon the exigencies
of the case. It is possible that in a given situation, the collective
interest of the community may outweigh the right of personal
liberty of the individual concerned.”
8. This court is of the view that no case is made out at this stage
for grant of bail to applicant/accused Sachin Singh. Hence, bail
application of applicant/accused Sachin Singh stands dismissed.
9. The above observations shall have no bearing on the merits of
the case.
10. Copy of the order be dasti to Ld. Counsel for
accused/applicant. In compliance of Sanjay Singh Vs. State (Govt. of
NCT of Delhi), Writ Petition, Crl. No. 974/22, Copy of this order be
sent to concerned jail superintendent to be served upon the
applicant/accused.
(Aparna Swami)
Bail Roster Judge
ASJ-07/PHC/New Delhi
22.01.2024
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