Final Order 1

Order Details: COPY OF ORDER
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IN THE COURT OF ASJ/SPECIAL JUDGE/NDPS
PATIALA HOUSE COURTS, NEW DELHI
Presided by: Sudhir Kumar Sirohi, DHJS
Bail Application No. 691/24
FIR No. 06/24
PS Cyber/South West
State Vs. Raj Kumar Das
22.05.2024
Present: Mr. Ravindra Kumar, Ld. Addl. PP for State.
Ms. Ashima Mandla Ld. counsels for accused
(through VC) and Adv. Mr. Surya Pratap Singh.
Reply of anticipatory bail application has been filed.
Copy supplied.
Arguments on anticipatory bail application of
accused heard.
Ld. counsel for accused submitted that accused has
been falsely implicated and has not been named in FIR. It has
been further submitted that there is delay in lodging of FIR as the
FIR was lodged on 07.02.2024 and incident occurred on
30.12.2023. It is further argued by Ld. counsel that IO took
laptop and phone of the applicant but nothing has been recovered
from the said electronic devices of the applicant, applicant is not
involved in the alleged offence as account of one Niva Singh was
used and not the account of applicant, applicant is ready to join
the investigation as and when required by the IO, therefore, prays
for anticipatory bail to the accused.
Ld. counsel for applicant relied upon the judgment
titled as “Ashok Kumar Vs. State of Union Territory Chandigarh
SLP (CRL).No. 9949/2023 decided by Hon’ble Supreme Court of
India on 01.03.2024.”
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Ld. Addl. PP for State and IO opposed the
anticipatory bail application submitted that the complainant was
contacted telephonically on 30.12.2023 and it was told that the
parcel has arrived in his name containing 200 gm of MDMA and
on the pretext of Mumbai Crime Branch the complainant was
duped for the amount of Rs. 44,45,436/- for settling the case and
the amount was transferred in the account of one Niva Singh
which was opened through Rakesh Kumar and the limit of the
said account was increased to Rs. 5 crore thereafter accused
Rakesh Kumar Shah was arrested. Accused Rakesh Kumar Shah
disclosed about accused Rashid Khan and the mobile phone
which was used in the crime December 2023 was recovered from
Rashid Khan thereafter accused Rashid Khan disclosed about the
present accused/applicant that he used to provide the current
bank account to applicant Raj Kumar on commission basis and
the account of Niva Singh was also provided on commission
basis and the applicant had given said account access to the
international scammers through an application. The notice u/s
41A CrPC was given to the applicant but applicant has not joined
the investigation, the mobile phone and laptop was provided by
wife of applicant. It is further argued that the custodial
interrogation of accused/applicant is required as the present cyber
crime is operated from overseas with nexus of Indian
counterparts who used to settle/siphoned the cheating amount by
using the Indian Bank account and as per analysis these people
used many other account holders in order to settle the cyber
crime proceeds in India and alleged Raj Kumar is one of the key
member between the current account handlers in India and cyber
criminals operating from overseas, as of now 132 national cyber
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crime portal complaints have been registered against the alleged
bank account which was used by the accused persons with
associates therefore, the anticipatory bail may not be granted to
accused.
Submissions of all the parties heard.
The allegations against the applicant are that is part
of international syndicate duping the people on the account of
contra-band in the parcels in their names and the current account
of various persons have been used. The applicant is the main link
between the counterparts who are working from overseas and
providing of current bank account in India from whom the
cheated amount is siphoned of out of India. Notice u/s 41A CrPC
has already been given to the applicant but applicant has not
joined the investigation, moreover, there are 132 national cyber
crime portal complaints registered all over India against the
alleged bank account used by accused persons of this matter,
accordingly, in the considered opinion of undersigned the
custodial interrogation of accused is required for recovery of
cheated amount, to unearthen the conspiracy of cheating people
and transferring their amount out of India and to arrest co-
accused persons, accordingly, undersigned is not inclined to grant
anticipatory bail to accused/applicant Raj Kumar Das, hence,
anticipatory bail application stands dismissed. Copy of this order
be given dasti.
(Sudhir Kumar Sirohi)
Bail Roster Judge
ASJ/Spl. Judge, NDPS/N. Delhi
22.05.2024
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