Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail Application no. 1968/22
FIR no.212/22: PS Special Cell
Under Section: 419/420/34 IPC and 66C/66D IT Act
State Vs. Sandeep Chaudhary
14.11.2022
Present: Sh.Ashok Kumar, Ld. Addl. PP for the State.
Sh.Parmod Tyagi, Ld.counsel for applicant/accused
Sandeep Chaudhary.
IO/Inspector Suneel Siddhu is present in person.
The complainant is stated to be outstation.
Reply to the bail application by investigating officer already filed.
Arguments heard. Record perused.
This is the bail application under Section 439 Cr. PC moved on
behalf of applicant/accused Sandeep Chaudhary.
Brief facts: The complainant company HT Media Ltd. filed a
petition CS(Comm) no.26/22 before Hon'ble Delhi High Court regarding
creation of fake websites/email IDs similar to the website www.shine.com of HT
Media Ltd. It is alleged by the complainant company that the domain names in
the websites was used to mislead the job seekers, commit fraud and dupe general
public. The complainant company also filed a complaint at IFSO, Special Cell.
Enquiry by the Special Cell was conducted and many complaints were found to
be lodged in which the complainants alleged that they have been cheated by the
fake website/email IDS in the name of shine.com. Hence, the present case FIR
no. 212/22 was registered and investigation was carried out. During the course of
investigation, details of alleged fake websites was obtained and the email ID i.e.
hr.shinerecruiter2@gmail.com was found attached with mobile no. 7065307827.
The said email ID was found operated from mobile no. 7678652125,
8929666766 and 9654666766 and the said numbers were found registered in the
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name of applicant/accused Monu Kumar. Therefore, the accused Monu Kumar
was arrested in the present case and said mobile numbers were recovered from
his possession. During the course of investigation one complaint lodged by one
Mr. Sagar was also found and he alleged to have duped a sum of Rs.35,363/- in
the name of registration fees, process fees and employment background fees etc.
by hr.sinerecruiter2@gmail.com.
It is submitted by Ld.counsel for the applicant/accused that the
applicant is in JC since 29.09.2022 and he has been falsely implicated in the
present case. That nothing has been recovered from the possession or at the
instance of the applicant/accused. That the name of the applicant is not
mentioned in the FIR and the applicant is having clean antecedents. That one
complainant is alleged to have cheated to the tune of Rs.35,000/- and the
applicant/accused without prejudice to his rights and contentions is ready to
deposit the alleged cheated amount. That the investigation is already complete
and no useful purpose is going to be served by keeping the applicant/accused
behind the bars. It is prayed that the applicant/accused may kindly be enlarged
on bail.
On the other hand bail application is strongly opposed by Ld.
Addl. PP for the state. That the applicant is member of module doing online
fraud and played active role in conspiracy.
The applicant/accused is in JC since 29.09.2022 and he is not the
main beneficiary. The applicant/accused without prejudice his rights and
contention is ready to deposit the alleged cheated amount of Rs.35,000/-.
Considering the facts and circumstances of the case, role of the
applicant/accused, period of custody already undergone and the fact that the
applicant is ready to deposit the alleged cheated amount, I am inclined to allow
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the present bail application under Section 439 Cr. PC moved on behalf of
applicant/accused Sandeep Chaudhary. The applicant/accused Sandeep
Chaudhary is admitted to bail on furnishing bail bond in the sum of
Rs.30,000/- with one surety in the like amount to the satisfaction of Ld. Trial
Court/Ld.CMM/MM/Duty MM and subject to the following conditions:
(a) The applicant shall furnish a demand draft in the sum of
Rs.35,000/- in the name of complainant/victim with the Ld.Trial Court
alongwith the bail bonds. The Ld. Trial court shall release that the said
demand draft to the complainant/victim.
(b) The applicant shall furnish to the Investigating Officer/
S.H.O., a cell phone number on which the applicant may be contacted at
any time and shall ensure that the number is kept active and switched-on at
all times;
(c)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;
(d) The applicant will not leave the country without prior
permission of the court concerned.
With these observations the bail application moved on behalf of
applicant/accused Sandeep Chaudhary 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
14.11.2022
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