Final Order 2

Order Details: COPY OF ORDER
Pdf Text: SC no. 1224/22
FIR no. 299/20
U/s 419/420/468/471/120B/34 IPC
PS: Special Cell
State Vs. Tushar Vats
13.07.2022
Present: Sh.Ashok Kumar, Ld. Addl. PP for the State.
Sh. Aseem Bhardwaj, Sh. K.K. Vijay and Sh. Aayush Gupta,
Ld.counsel for the applicant/accused Tushar Vats.
This is the bail application under Section 439 Cr. PC moved on
behalf of applicant/accused Tushar Vats.
Reply to the bail application already filed.
Charge sheet is received.
Arguments heard. Record perused.
It is argued on behalf of applicant/accused that the
applicant/accused has been falsely implicated in the present case to save the real
culprits. That the applicant/accused was working as time Keeper in the alleged
call centre and he was assigned work to mark attendance of the employees. That
the applicant/accused was not aware about the true nature and colour of the
business carried out. That the applicant himself had surrendered before the court.
That the investigation is already complete and the applicant/accused is no more
required for the purpose of investigation. That the applicant is young boy of 23
years with clean antecedents and prolonged period of incarceration in the
company of hardened criminals would adversely affect his young mind. That the
co-accused persons have already been granted bail and on the ground of parity
the applicant/accused is also entitled to bail. It is prayed that the
applicant/accused may kindly be enlarged on bail.
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2.
FIR no. 299/20
U/s 419/420/468/471/120B/34 IPC
PS: Special Cell
State Vs. Tushar Vats
On the other hand bail application is strongly opposed by Ld.
Addl. PP for the state. It is argued that the offence is serious in nature and the
cheating is being done with US citizens. That the large amount of cheated money
is involved in the instant matter. That the accused persons were running a call
centre in a very secret way. It is submitted that the accused persons used to call
the innocent people with the English name in order to impersonate FBI agents or
SSN agents of USA and they all were having knowledge of the offence. It is
prayed that the present bail application may kindly be dismissed.
The applicant/accused is stated to be working in the illegal call
centre which was found to be involved in large scale cyber cheating with US
citizen on the pretext of misuse of Social Security Number (SSN) of the US
Citizens.
I have considered the submissions made by Ld.counsel for the
applicant/accused and Ld. Addl. PP for the state.
The applicant/accused is stated to be employee in the alleged
illegal call centre. The investigation in the present case is already complete and
charge sheet has already been filed. No recovery is sought to be affected for
which custodial interrogation shall be required. Trial is going to take time and
the applicant/accused can not be put behind the bars for indefinite time. Co-
accused persons have already been granted bail. Considering all the facts and
circumstances of the case, I am inclined to allow the present bail application
under Section 439 Cr. PC moved on behalf of applicant/accused Tushar Vats.
The applicant/accused Tushar Vats is admitted to bail on furnishing bail
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3.
FIR no. 299/20
U/s 419/420/468/471/120B/34 IPC
PS: Special Cell
State Vs. Tushar Vats
bond in the sum of Rs.30,000/- with one surety in the like amount and
subject to the following conditions:
(a)The applicant shall appear on each and every date of
hearing.
(b)The applicant shall not tamper with evidence nor otherwise
indulge in any act or omission that is unlawful or that would prejudice the
proceedings in the pending matter;
With these observations the bail application moved on behalf of
applicant/accused Tushar Vats is disposed off.
Copy of this order be given dasti to Ld.counsel for
applicant/accused.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
13.07.2022
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