Point of Law: Offence of Cheating - Refusal to grant Anticipatory Bail - There is nothing on record to suggest that petitioner is suffering from any co-morbidity which is likely to affect him due to COVID-19 pandemic - No ground to grant anticipatory bail to petitioner

JUDGMENT :

1. By this petition the petitioner seeks anticipatory bail in case FIR No. 96/2021 under Sections 419/420/120-B/34 IPC and Section 66-C/66-D of the Information Technology Act, 2000 registered at PS Kirti Nagar.

2. Learned counsel for the petitioner contends that the petitioner is a young boy aged 32 years and is not concerned with the so-called fake call centre being run. Petitioner has clarified that he is working with M/s. Deans Infratech Pvt. Ltd. which has its offices in Delhi, Mumbai and are engaged in the road construction business, which fact has been verified by the investigating officer. Hence the petitioner is sought to be falsely implicated in this case. The so-called employees of the call centre were all granted regular bail without any Police custody remand. All the computers, datas, phones which are required for investigation have already been recovered and no recovery is required to be made from the petitioner. Since the offences alleged against the petitioner are punishable with sentence upto seven years imprisonment, the petitioner was required to be given a notice under Section 41-A of the Cr.P.C. in terms of the decision of the Supreme Court reported as (2014) 8 SCC 273 Arnesh Kumar Vs. State of Bihar & Anr. Further while issuing the guidelines for arrest the High Powered Committee of this Court directed that in view of the COVID-19 situation the judgment of the Supreme Court in Arnesh Kumar (supra) should be followed and accused who are not required for interrogation be not arrested and in this regard the High Powered Committee issued directions to the Commissioner of Police to issue guidelines to all DCPs to ensure compliance of the decision of the Supreme Court in Arnesh Kumar, (supra), DLSA to conduct sensitization programme and directions on administrative side to the concerned District and Sessions Judges to ensure compliance of the directions passed by the Hon’ble Supreme Court. All accused have been released on bail including the accused in whose name the property was leased where the said alleged fake call centre was being run. Petitioner is suffering from serious ailments which medical documents have been duly verified and in view of the COVID-19 situation, the petitioner be not subjected to Police or Judicial custody. The only evidence against the petitioner is the disclosure statements of the co-accused persons which are not admissible in evidence and cannot be relied upon to deny anticipatory bail to the petitioner.

3. Learned APP for the State on the other hand contends that the petitioner is the king pin of the fake centre being run by virtue of which several victims in USA were cheated by way of VOIP calls. The petitioner is one of the main accused who was running the centre, as is evident from the investigation carried out from the co-accused who were found working at the said centre. The co-accused were taking instructions from the petitioner and were duly reporting to him. The money transaction was done by the petitioner through crypto currency and Zelle account and to overcome trail of the money, call centre employees were paid the salary in cash. Learned APP further contends that one of the victims from U.S. has joined the investigation who has been cheated to the tune of USD 6683.34 by the petitioner and the co-accused. Considering the gravity of the offence and that necessary investigation is still required to be carried out to unearth the deep conspiracy and the magnitude of the offence, no anticipatory bail be granted to the petitioner.

4. The above-noted FIR was registered after a secret information was received on 25th March, 2021 in respect of an organized gang of cyber criminals who were posing themselves to be Amazon Tech supporters through VOIP calls over phone and engaging in cheating USA based victims from 5/8, Industrial Area, Kirti Nagar, West Delhi. A raiding team was constituted which raided the 2nd floor of the premises where several callers were engaged in receiv