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2023 Supreme(Del) 373
IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA, J.
Mukesh Kumar - Petitioner
Versus
State Govt. Of NCT Of Delhi – Respondent
Bail Appln. No.3116 Of 2022
Decided On : 06-03-2023
For the Petitioner: Mr. Sajjan K. Singh & Mr. Santosh Kumar Sahu.
For the Respondent: Mr. Aman Usman with SI Vikram Singh, IFSO/Special Cell.
The main legal point established in the judgment is that the object of bail is to secure the accused's appearance at trial, and imprisonment before conviction should not be used as a punitive measure or to disapprove of former conduct.
Headnote:
Bail - Criminal Procedure - IPC 419/420/354A/384/389/509/120B - The court allowed the bail application under Section 439 of the Code of Criminal Procedure, 1973 ('CrPC') in a case involving charges under Sections 419/420/354A/384/389/509/120B of the Indian Penal Code, 1860 ('IPC').
Fact of the Case:
The case involved a loan scam where the applicant was accused of facilitating fraudulent transactions through a loan app and opening bank accounts for the transfer of money. The prosecution alleged that the applicant was involved in facilitating unauthorized transactions and sending money to family members through different bank accounts.
Finding of the Court:
The court found that the evidence in the case was primarily documentary in nature and already in possession of the investigating officer. It concluded that the possibility of tampering with the evidence or influencing the witnesses could not be presumed at this stage, and further incarceration of the applicant would serve no useful purpose.
Issues: The key issues revolved around the involvement of the applicant in facilitating fraudulent transactions, the alleged threat to the complainant, and the extent of the applicant's knowledge and benefit from the transactions.
Ratio Decidendi: The court relied on the principle that the object of bail is to secure the appearance of the accused at trial and that deprivation of liberty should be considered a punishment only when necessary to ensure the accused's attendance at trial. It also emphasized that imprisonment before conviction has a substantial punitive content and should not be used as a mark of disapproval of former conduct.
Final Decision: The court allowed the bail application, admitting the applicant to bail upon furnishing a personal bond and surety, subject to stringent conditions including informing the court of any change of address, not leaving India without permission, providing all mobile numbers to the investigating officer, not tampering with evidence or influencing witnesses, and joining the investigation when required.
JUDGMENT :
[Amit Sharma, J.]
1. The present application under Section 439 of the Code of Crminal Procedure, 1973 ('CrPC') seeks regular bail in case FIR No. 60/2022 under Sections 419/420/354A/384/389/509/120B of the Indian Penal Code, 1860 ('IPC'), registered at PS Special Cell.
2. Briefly stated, the facts of the present case are as under:
i. The aforesaid FIR was registered on complaint of Ms. Manaswi, whereby she had stated that she had taken a loan of Rs. 4,660/- (Rupees Four Thousand Six Hundred and Sixty) from an app by the name of 'Agile Loan'. It was stated that she had taken loan earlier from several apps and had made the payments on time. The due date for making the payment pertaining to the loan taken from the aforesaid application was 28.02.2022. It was stated that however, on 27.02.2022, she received a threatening phone call and was made to pay Rs. 8,000/- (Rupees Eight Thousand) instead of the amount due. However, it was stated that even after making the said payment, she continued to receive abusive phone calls and was threatened that since they had access to her contact list, they will send photographs to her relatives and friends.
ii. During technical enquiry conducted on the complaint, it was found that several other complaints had also been registered against the aforesaid app on the National Cyber Reporting Portal.
iii. Initially, the FIR was registered under Sections 419/420/354A/384/385/509/120B of the IPC.
iv. During the course of investigation, the said app was examined at the National Cyber Forensic Laboratory (NCFL). The said examination revealed malicious behavior by the mobile application ‘Agile’ and that it was capable of sending critical user information to remote servers, without the knowledge of the user.
v. Investigation revealed that the loan amount of Rs. 4,660/- (Rupees Four Thousand Six Hundred and Sixty) was credited to the IDFC bank account of the complainant on 23.02.2022 and she was paying the EMI regularly for the same. Further enquiry revealed that the said amount was credited to the complainant's account from an ICICI bank account bearing number 739205500067 opened in the name of M/s PAYTAME INC. with its registered address at B-5, 1/2 Street No. 20, First Floor, Kaushik Enclave, Amrit Vihar Bus Stand, North Delhi, Delhi - 110084, however, no such firm by the name and style of M/s PAYTAME INC. was found at the given address. Financial enquiry revealed that on 27.02.2022, the complainant transferred a sum of Rs. 8,000/- (Rupees Eight Thousand) from her IDFC bank account to a UPI ID – Mark100@ybl, via PhonePe linked with an account opened with YES Bank having account No. 008563400002182 and IFSC Code YESB000085.
vi. On further investigation, it was revealed that the said account with the YES Bank was opened by M/s. Shiv Shankar Enterprises. On further analysis of the said bank account, it was found that an amount of Rs. 35,92,66,662.54/- (Rupees Thirty-Five Croce Ninety-Two Lakh Sixty- Six Thousand Six Hundred and Sixty-Two and Fifty-Four Paise) was credited to the said account of Shiv Shankar Enterprises from its date of opening till March 2022.
vii. Further investigation revealed that the present applicant was the proprietor of M/s Shiv Shankar Enterprises with its address at C-1401, Ajnara Lee Garden, Ghaziabad, Uttar Pradesh. However, the said premises was found locked and the applicant was not found there.
viii. On 13.07.2022, on the basis of secret information, a raid was conducted at the aforesaid address and the applicant was arrested. It is the case of the prosecution that the present applicant helped other Chinese nationals who were responsible for building the loan app. The role of the present applicant was opening the bank accounts and facilitating the transfer of money by showing transactions with other banks.
ix. During interrogation, the applicant allegedly admitted his involvement in the present case. On 14.07.2022, the applicant was remanded to police custody for one da
