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GURBIR SINGH
Kishan Lal @ Sheri Maan Rana – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Gurbir Singh, J. -
Since identical questions of law and facts are involved in both the above said two petitions, the same are being disposed of by this common order.
2. The petitioners have filed the present petition praying for grant of anticipatory bail in case FIR No.09 dated 02.02.2022, under Sections 420 , 120-B IPC, and Sections 66 -D and 75 of Information Technology Act, 2000, registered at Police Station Cyber Crime, District Gurugram.
3. Status report by way of affidavit of Dr. Kavita, HPS, Assistant Commissioner of Police, Cyber, Gurugram on behalf of respondent-State, has already been filed. The same is taken on record.
4. As per allegations, on 02.02.2022, an information was received by Insp. Azad Singh from CM Flying squad that a fake call centre was being run by Sharry Maan, Saajan and Sahil Bakshi at 4th Floor of Tower No.1 of DLF Corporate Green, Sector-74A, Gurugram and the money was being fraudulently obtained in the garb of providing technical support after sending Pop-ups through computer to the people of the USA. On receipt of information, a raiding team was formed and the said team reached the above mentioned place. A raid was conducted along with t
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....
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.
The court ruled that a person outside jurisdiction lacks grounds to seek anticipatory bail, emphasizing the need for presence in India to enforce bail conditions.
The court balanced the conflicting considerations of personal liberty and the need for proper investigation in a larger societal interest, and found that the Applicants in ABA No.2 of 2022 were not e....
Anticipatory bail is denied when sufficient incriminating evidence exists, and the accused is considered a key player in drug trafficking, necessitating custodial interrogation.
In economic offences, the accused is not entitled to anticipatory bail, and custodial interrogation may be necessary.
The court cannot grant anticipatory bail to an applicant residing outside the jurisdiction without evidence of cooperation with ongoing investigations.
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