IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSH BUNGER, J.
Sanchu Subhash @ Sachu Subhash – Petitioner
Versus
State of Punjab – Respondent
CRM-M-12504 of 2023
Decided On : 05-05-2023
| Table of Content |
|---|
| 1. factual background of fir against the petitioner. (Para 1 , 4) |
| 2. arguments for bail and innocence of the petitioner. (Para 5 , 6 , 7) |
| 3. court's observations on the case progress. (Para 8 , 9) |
| 4. conditions for grant of bail. (Para 10 , 11) |
| 5. final conclusion dismissing the merits of the case. (Para 12 , 13) |
JUDGMENT
Harsh Bunger, J.
Petitioner (Sanchu Subhash @ Sachu Subhash) has filed the present petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail in case bearing FIR No.302 dated 17.12.2022, under Sections 120B, 420, 467, 468 & 471 of the INDIAN PENAL CODE and Section 66C and 66D of the Information Technology Act, registered at Police Station Division No.8, Ludhiana, District Ludhiana, Punjab.
2. Status report by way of affidavit dated 10.04.2023 of Ms. Jasroop Kaur Batth (I.P.S.), Civil Lines Ludhiana, District Police Commissionerate Ludhiana has been filed by learned State counsel, which is already on record.
3. Custody certificate dated 18.04.2023 of the petitioner is filed by learned State counsel in Court today, which is taken on record, subject to all just exceptions.
4. Briefly, the aforesaid FIR was registered on the basis of a secret information received by Swaran Chand, Assistant Sub Inspector, Police Station Division No.8, Ludhiana that Ankush Bassi s/o Janak Raj Bassi, Ketan Sood, Sachu Subhash, Jobanpreet Singh, Pranav Arora, Ritik Kalra, Kapil Walia, Manwinderpal Singh, Reshav Singh, Manpreet Singh, Rohit Thakur, Abhiraj Singh, Japandeep Singh in connivance with their companions were running a call centre and misleading the citizens of other countries via internet by pretending that they belong to Paypal platform and are members of Customer Support Centre. Thereafter, they used to send them the messages that the amount has been deducted from their account(s) by the Bank and further used to provide a toll free number with the assurance that the amount will be returned to their account(s). It was further stated that these persons were making calls and playing frauds by way of redeeming gift cards of other persons. It was also stated that the aforesaid Ankush Bassi has got registered a fake Firm under the name of 'Balaji Info Services', however in reality, no such Firm actually exists and the money obtained through this Firm is being used for further transactions in other Firms. It was stated that Ankush Bassi and Ketan Sood were coming in their Thar along with their laptop through which they call the foreigners and cheat them, and in case barricading is done, they can be caught red handed. Finding the aforesaid information to be reliable, ruqa was sent through Contable Hardeep Singh and the FIR in question was got registered.
5. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in FIR No.302 dated 17.12.2022. It is submitted that the petitioner has no concern with the alleged crime. Learned counsel contends that the petitioner is only an employee in the Firm-Balaji Info Services, owned by co-accused Ankush Bassi, which was registered with the Government of India's M.S.M.E. Scheme under the Indian Partnership Act, and he has no knowledge regarding any of the alleged illegal activities being carried out by co-accused Ankush Bassi. It is submitted that the police has arrested all the employees, including all the girls, of the Firm-Balaji Info Services on a single day. Learned counsel for the petitioner submits that the petitioner has not committed any fraud with anyone nor he is a beneficiary in any form. It is further submitted that there are no direct allegations against the petitioner nor any recovery has been effected from him. It is contended that during the course of investigation, it has been found that the Firm under the name of 'Balaji Info Services', owned by co-accused Ankush Bassi, was a genuine one and the same was found to be registered with the Government of India's M.S.M.E. Scheme under t
The court emphasized that bail should not be granted in cases of serious cyber fraud due to potential systemic damage and the habitual nature of the offender's crimes.
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