Anticipatory bail requires compelling circumstances; custodial interrogation is vital for effective investigation, and bail should not be granted as a routine measure when serious allegations exist.

JUDGMENT

1. The present application is filed under section 438 of Cr.P.C for grant of pre-arrest bail in FIR No. 0299/2020 dated 15.12.2020 under Section 419/420/468/471/120B/34 of the Indian Penal Code, 1860 (IPC) & Section 66 C & D of the Information Technology Act, 2000 (IT Act) at police station Special Cell, New Delhi.

2. The complaint was registered on a secret information that a fake call centre being run at 34, DLF, 3rd Floor, Industrial Area, Main Najafgarh Road, Moti Nagar, Delhi is involved in large scale cyber cheating with US citizens on the pretext of misuse of Social Society Number (SSN) of the citizens of United States. A raid was conducted at the call centre and a total number of 54 accused were apprehended from the call centre and a large number of Computer system, Sever, Routers, Switches and headphones alongwith other incriminating evidence were also seized from the premises. It was alleged by the accused persons that the owner of the call centre is the applicant Ashwani Kumar and he is actively involved in the scam. The complete racket of cheating and impersonation with US citizens was run by the applicant along with other co-accused who were managing on behalf of the applicant.

3. Learned counsel for the applicant submits that he has been falsely implicated. He submits that the only fault of the applicant is that the applicant is the owner of the property from where the alleged fake call center was run.

4. He submits that the said property bearing No. 34, DLF Industrial Area, Main Najafgarh Road, Moti Nagar, Delhi was given on rent to one Mr. Kamal Kumar through rent agreement dated 13.10.2020.

5. The police verification of the tenant was also done in compliance of the statutory mandate on 24.11.2020.

6. The FIR was registered on 15.12.2020 and the applicant at that time was staying in Dubai. In support of his contentions, the applicant relies upon the passport issued from the Dominion Republic, the rent agreement dated 13.10.2020 and the copy of the tenant verification form dated 24.11.2020.

7. It is stated that the notice under Section 41A was issued to the applicant for the first time on 18.07.2022. The applicant, at that time not being in India, sent a whatsapp to the Investigating Officer pointing him out that he is not in a position to join the investigation on such a short notice. The applicant, thereafter, moved an application under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) before the learned Trial Court which was dismissed by order dated 07.07.2022. A subsequent application seeking the same relief was also dismissed by the learned Trial Court by order dated 26.07.2022.

8. Learned APP has opposed the present application. She submits that not only the applicant but also the other co-accused persons namely, Parashar Kumar and Archit Garg, are absconding and wilfully evading to join the investigation.

9. She further submits that the proceedings under Section 82 of the CrPC have already been initiated, which are pending consideration before the learned Trial Court. The allegation involves large scale cheating of foreign nationals. The calls were made to US citizens impersonating as Social Security Administration Department, USA officers. Such person, if granted bail, would tarnish the image of our country. The investigation has not proceeded because