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2023 Supreme(Del) 2889
IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Vineet Jhavar – Appellant
Versus
State – Respondent
Bail Appln. 3856 of 2022
Decided On : 13-02-2023
Mr. Devendra Kejariwal, Mr. Chirag Khurana, Ms. Arpita Bhattacharya and Mr. Rohit Kumar, Advocates alongwith Ms. Aditi Nougaharia, wife of petitioner, for the Petitioner.
Mr. Manoj Pant, APP for the State with IO SI Manoj Kumar, P.S. Special Cell.
The court emphasized the need to address cybercrimes with a stern hand due to their impact on society.
Headnote:
Cyber Crime - Bail Application - IPC 420/384/385/468/471/120B - The court rejected the bail application of the accused who was involved in a cybercrime scheme where victims were lured into downloading a mobile app, which then gained access to their contacts and images. The accused then used the obtained information to extort money from the victims by sending morphed images to their contacts and blackmailing them. The court emphasized the impact of cybercrimes on society and the need to address them with a stern hand.
Fact of the Case:
The accused was involved in a cybercrime scheme where victims were lured into downloading a mobile app, which then gained access to their contacts and images. The accused then used the obtained information to extort money from the victims by sending morphed images to their contacts and blackmailing them.
Finding of the Court:
The court found that the accused's conduct, including vacating rented premises, leaving addresses used for opening bank accounts, and absconding before being arrested, indicated an attempt to escape the law. The court also noted the impact of cybercrimes on society and the need to address them with a stern hand.
Issues: The main issue was whether the accused should be granted bail considering the nature of the cybercrime scheme and the impact on society.
Ratio Decidendi: The court rejected the bail application, emphasizing the impact of cybercrimes on society and the need to address them with a stern hand.
Final Decision: The bail application was rejected by the court.
JUDGMENT
Swarana Kanta Sharma, J.
1. The instant application under Section 439 of the Code of Criminal Procedure ("Cr.P.C"), 1973 has been filed by the applicant seeking grant of regular bail in FIR bearing no. 129/2022 registered at Police Station ("P.S.") Special Cell for the offences punishable under Sections 420/384/385/468/471/120B of Indian Penal Code, 1860 ("IPC").
2. The present FIR emerges from a complaint lodged by one Rohan Kapoor wherein it was stated that he had received SMS messages for loan for 3rd Covid-19 vaccine dose on his mobile phone, and the SMS also had a link for checking eligibility. As soon as the complainant clicked the link, one mobile application (App) namely, Express Loan got downloaded. When the complainant filled the details of his Aadhar Card and PAN Card in the App after installing it, a sum of Rs. 4,200/- was instantly credited in his bank account. However, after four days of getting/availing such loan, he started receiving threatening calls from the developers of Express Loan App. It was further stated by the complainant that Express Loan App developers somehow had access to the contacts stored in his mobile phone and to threaten the complainant, the accused persons started sending morphed images to his contacts. During the course of inquiry, the complaint against Express Loan App was checked on the National Cyber Crime Reporting Portal and 46 more complaints were found to be registered against the alleged mobile App and thus, the present FIR bearing no. 129/2022 was registered at Police Station Special Cell for the offences punishable under Sections 420/384/385/468/471/120B of IPC. Upon investigation, another complainant namely, Aditya Sharma reported that a sum of Rs. 25 lakhs had been extorted from him in different accounts by the accused persons by morphing his images and sending to his relatives. During course of investigation, bank statement of complainant Aditya Sharma revealed that via a link mentioned in the complaint, transaction amount was received by the present accused/applicant namely Vineet Jhavar in his bank accounts. The details of such payments with transaction numbers is mentioned in the Status Report.
3. It is the case of prosecution that a total amount of Rs. 2,11,873/- has been received by accused Vineet Jhavar in his bank accounts. The account details and transaction details are mentioned in the Status Report. It is also the case of the prosecution that the accused/applicant had, thereafter, left his last address used for opening the bank accounts which was rented. The applicant was traced through rigorous Call Detail Records ("CDR") and IP logs analysis as he had also switched off all the mobile phones used for opening the bank accounts, and he was arrested on 01.10.2022. It is stated that the investigation reveals that the total amount of transactions in the entire case, considering the bank account of all the persons who had worked in furtherance of their criminal conspiracy, is Rs. 140 Crores. It is also stated by the investigation agency that money had also been transferred to further bank accounts. The trail of money of several victims received by the present applicant transferred to other accounts is mentioned on page no. 6 of the Status Report.
4. Learned APP for the State submits that the prime accused and kingpin namely Zuhaib Hussain, who was threatening the de-facto complainant, was the first person who was arrested in last week of July, 2022 after conducting raids in Lucknow, has been granted regular bail vide order dated 13.10.2022 by the learned Sessions Court citing the main reason that charge-sheet stands filed qua him. It is also stated that since some of the accused persons namely Zuhaib Hussain, Anil Kumar Chahar and one Yu Zhang were behind bars, charge-sheet against them were duly filed in time and the co-accused persons have been granted regular bail on the ground that the charge-sheet had been filed and no useful purpose will be served, and t
