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 the team of CM Flying Squad. The ACP, DLF was also called at the spot. Some persons were found using headphones and conversing with people in English language. The photographs were taken and video was prepared. The persons namely Gurjant Singh, Salman Shiekh and Manpreet Singh were found present there. The said Manpreet told that Sharry Maan @ Rana, Saajan and Sahil Bakshi @ Inder were the owners of the call centre and the calls were received through vendor namely Viraj, Manpreet, Salman Shiekh and Gurjant Singh who were Managers/Team Leaders. They were asked to produce the DOT License, Company Registration documents, Mode of Payment, Source of Customer Data etc. However, Gurjant Singh told that they send pop-ups to the computers of USA Citizens and they called at the toll free No.18556730813. They were regularly changing their toll free numbers. They were misguiding the USA citizens regarding solving the technical problems and they made them download the app 'ultraviewer.net.' They obtained the remote access of the customers and demanded the amount of 500 to 2000 Dollars. They made customers purchase the gift cards of Google, Ebay, Target, Apple, Nike etc and obtained the numbers of the said gift cards. They sent the numbers to their known persons outside India and got the said gift cards redeemed. They also obtained the money through BTC. On checking the desktop/device, the X-Lite/Test now software was found to be used for inbound and outbound calling. One desktop hard disk 160 GB, three mobile phones, the print outs of chats made by Sharry Maan and Sahil Bakshi and the script used for conversing with USA Customers were recovered from Manpreet Singh. One Laptop and two mobile phones were recovered from Gurjant Singh. The data of hard disk was taken in a pen drive. All the above said articles were taken into police possession. The present case is got registered.

5. The above mentioned articles were sent to DITAC Lab for examination/retrieval of data.

6. Learned counsel for the petitioner-Kishan Lal @ Sheri Maan Rana submits that the allegations against him are that he along with other co-accused namely Sajjan and Sahil Bakshi was the owner of the fake call center. The allegations are totally baseless and false. The co-accused Gurvinder Singh s/o Kuldeep Singh had taken the premises in question on lease for a period of 11 months commencing from 01.01.2022 for spreading his business of property. The said Lease Deed is annexed as Annexure P-