Final Order 3

Order Details: COPY OF ORDER
Pdf Text: State vs. Gaurav Kumar
Bail Application No.2232/2022
FIR No.52/2022
PS : Cyber/SWD/ND
17.01.2023
Present : Sh.Dharam Chand, ld. Addl. PP for the State along
with SI Ramesh Yadav.
Ms.Nandita Abrol, ld. Counsel for accused.
This is anticipatory bail u/s 438 Cr.P.C. It is stated that
accused/applicant is a property dealer and has been falsely
implicated in the present case. It is stated that other accused in
the matter namely Sriprakash Dubey and Gopal since had enmity
with accused/applicant, therefore in order to settle their personal
vendetta they have falsely named accused/applicant in the
present case. It is stated that there is no evidence qua accused/
applicant, no banking transaction of the accused/ applicant with
the complainant or with anyone. It is stated that earlier raids
were conducted at the house of accused/ applicant on 29.11.2022
and 07.12.2022 without serving any notice u/s 41A Cr.P.C.
On 24.06.2022 on the complaint of one Abhishek Kumar
wherein he alleged that on 24.05.2022 he had received a call
regarding USA made message oil, complainant initially refused
and disconnected the calls, however later when several calls were
made and complainant was persuaded, he stated to have made
online payments of Rs.6500/- for placing the order by using
Paytm and thereafter from 25.05.2022 to 13.06.2022 complainant
stated to have paid Rs.1,79,470/- with GST amount for the
product as assured to him, later neither the product was given and
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when complainant demanded return of his money, payment was
not made. After initial enquiries on the complaint PS Cyber
Crime, South West registered the present case.
It is stated in the report filed by IO that during the
investigation mobile numbers from which the complainant
received the calls were verified and it was found that one Suresh
used to take persons for using their identity to take SIM cards
and pay Rs.100/- to those persons. Suresh was apprehended and
disclosed that he was working for one Sriprakash Dubey and on
his directions he had used labour people for taking SIM cards on
his identity. Sriprakash Dubey used to keep those SIM cards
with him. On 29.11.2022 Sriprakash Dubey was arrested with 15
debit cards of alleged accounts used for duping people and 05
mobile phones. During investigation said accused Sriprakash
Dubey disclosed about the name of accused/applicant Gaurav
Kumar having introduced him to Ram Kumar Raman @ Sirji. It
is stated that Ram Kumar Raman was the main accused and
Gaurav Kumar allegedly provided Scooty to Sriprakash Dubey
which was registered in the name of Vivek Singh Rajput. It is
stated that during the investigation it transpired that Sriprakash
Dubey and Gaurav Kumar used to provide SIM cards to innocent
people and to withdraw the cheated amounts in the alleged
accounts by withdrawing the same from ATM cards and used to
pay the remaining amount after deducting commission to Ram
Kumar Raman. It is stated that from the residence of Ram
Kumar Raman (alleged main conspirator) documents of certain
firms with legal name of accused Gaurav Kumar as well as in
partnership with Manish Singh and Vishal Singh were also found.
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It is submitted by ld. Counsel for accused/applicant that
accused/ applicant being innocent and falsely implicated, ready
and willing to join the investigation. It is submitted that there is
no evidence worth the name implicating the accused/applicant in
the crime despite conducting of raid by the investigating agency
at the premises of the accused. It is submitted by ld. Counsel for
accused that other co-accused have been granted regular bail.
Ld. PP for the State opposed the bail application by
submitting that accused/applicant did not cooperate in the
investigation when protection was granted by ld. ASJ vide order
dated 21.12.2022 and as per the instructions of IO custodial
interrogation of the accused is required. He further submitted
that accused/applicant has also been involved in other cyber
crime.
Having considered the submissions, law is well settled that
extra ordinary relief of anticipatory bail can be granted upon
judicial satisfaction of the court that there are extra ordinary
circumstances like taking the prosecution story on the face of it,
there being no evidence at all against the accused. Having
considered the submissions of ld. Counsel and taking note of
facts and the allegations made in the report filed by the IO, first
of all it be noted that the modus operandi adopted in committing
the crime of duping people in the name of providing products and
taking money online is in itself very serious and required to be
probed thoroughly. It is important to note that such crimes are on
rise these days and cannot be taken lightly like any other case of
cheating. Moreover in the facts and circumstances of the case
once name of the accused has surfaced from the disclosure given
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by co-accused to the effect that accused/applicant was
instrumental in collecting SIM cards for the purpose of using the
same to dupe people and beside that fact certain documents also
recovered from accused Ram Kumar Raman, therefore I do not
find in such circumstances when other accused who had been in
judicial custody and were granted bail when they joined the
investigation, a case is made out for anticipatory bail. Hence
application stands dismissed.
Copy of the order be given dasti.
( Shailender Malik )
ASJ/NDD/PHC/ND/17.01.2023
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