The court considered the limited involvement of the accused, the impact of the ongoing pandemic on trial proceedings, and the need to prevent evasion of the legal process in granting bail.

JUDGMENT

Sanjay Kumar, J. - On 13.11.2019, one Chander Mohan Munjal, Advocate, submitted a complaint addressed to the Senior Superintendent of Police, Chandigarh, alleging that he had been cheated to the tune of ) 3,58,000/- on the pretext of renewing his lapsed HDFC Life Insurance Policy. He claimed that he was contacted by one Madhuri Kashyap in this regard through E-mail and mobile phone. As per her instructions, he had deposited the aforestated sum of Rs. 3,58,000/- in the bank accounts furnished by her. FIR No.0004 dated 16.01.2020 was accordingly registered on the file of Police Station, Sector 19, Chandigarh, under Sections 419, 420, 468, 471 and 120-B IPC. The accused therein was shown to be unknown. During the course of investigation into this FIR, another complaint was received on 07.02.2020 from one Rakesh Gupta, who claimed that he had been duped to the tune of Rs. 5,08,000/- in connection with his HDFC Life Insurance policy.

2. Further investigation revealed that a fake Call Centre had been set up at Vasundra, Ghaziabad, Uttar Pradesh, by certain persons claiming to be the authorized personnel of HDFC Life Insurance Company, so as to swindle monies from innocent people. Gaurav Verma, Ankur Verma, Manish Kumar and Mukesh Kumar were arrested at this Call Centre on 30.01.2020. Thereafter, Suraj Murmu and Raju Ranjan Yadav, the petitioners herein, were also arrested on that day as bank accounts had been opened in their names and were being used for cheating the victims. On the disclosure statement made by Suraj Murmu, details of 100 bank accounts, ATM Cards, Cheque Books, mobile phones and SIM Cards were elicited and the same were recovered from the residences of Sonu and Suman. Mamta Chauhan, who had posed as Madhuri Kashyap and cheated the complainant, surrendered before the Court on 06.02.2020 and was arrested. In total, 10 accused are arrayed in relation to this FIR.

3. While so, compromise deeds dated 29.02.2020 were executed by the accused and both the above named victims. Thereby, the amount fraudulently obtained from the said victims was returned to them.

4. On the strength of this compromise, a quash petition in CRM-M-10148-2020 was filed before this Court under Section 482 Cr.P.C. By order dated 06.03.2020 passed therein, this Court directed the Illaqa Magistrate to record the statements of the parties and report whether the compromise was genuine and without pressure and undue influence. The report is awaited and the case is pending consideration.

5. Suman Kumar, one of the accused in this case, was granted interim bail on conditions, in the light of the aforestated compromise and pendency of the quash petition, vide order dated 09.07.2020 passed in CRM-M-14487-2020. Manish Kumar, another accused, was also granted regular bail, vide order dated 24.06.2020 passed in CRM-M-13910-2020, on the ground that he became an employee at the Call Centre only in October, 2019, and as no overt acts were attributed to him.

6. However, the bail petitions of Gaurav Verma, Karan Singh and Mamta Chauhan were dismissed by this Court, vide common order dated 24.06.2020 passed in CRM-M-13672-2020 and CRM-M-13901- 2020, taking note of the fact that other similar offences were still coming to light and merely because a compromise had been effected with two of the victims, the State would not be bound thereby and the accused would necessarily have to face the consequences of their criminal conduct, if proved beyond reasonable doubt. This Court also noted the possibility of more cases coming to light and held that the release of the said accused at that stage may prejudice the course of investigation in such cases.

7. While so, the present bail petitions were filed by Raju Ranjan Yadav and Suraj Murmu respectively seeking grant of regular bail under Section 439 Cr.P.C.. They claim that they hail from the State of Jharkhand and belong to poor families. Raju Ranjan Yadav stated that he was employed at the Call Centre just about one mon