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ASHOK KUMAR VERMA
Aashirwad Thaku – Appellant
Versus
State of Punja – Respondent
JUDGMENT
Ashok Kumar Verma, J. (Oral)
The petitioner has filed the present petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.45 dated 19.09.2022 registered under Sections 420 and 120B of Indian Penal Code, 1860 and Section 66 -C and 66-D of the Information Technology Act, 2000 at Police Station Punjab Cyber Crime, District SAS Nagar, Mohali.
2. The above-said FIR was registered on the complaint made by Pardeep Kumar Verma authorized signatory for M/s Teleperformance Global Services Private Limited against employees for performing unauthorized actions, manipulating the client portals for creating fraudulent return requests and taking refunds for self/relatives/friends' account, without any calls/request from the customers, misusing the systems and computers provided to them for performing their work obligations.
3. M/s Teleperformance Global Services Private Limited is engaged in business of providing outsourcing services to its various clients including reputed E-commerce Companies (Clients) wherein out call center employees (agents) handle and address and customer order placed/return requests/payments related queries an
Failure to join the investigation, the modus operandi of the fraud, and the grave nature of the allegations are crucial factors in deciding on anticipatory bail applications.
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 pande....
The absence of custodial interrogation does not justify granting anticipatory bail; the prima facie case against the accused must be the primary consideration.
Anticipatory bail is denied in cases of serious allegations involving cyber financial fraud, emphasizing the necessity for custodial interrogation to ensure thorough investigation and address broader....
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