JUDGMENT

VIKAS MAHAJAN, J.

1. The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with FIR No 107/2022, initially registered under Sections 419/420/468/471/34 IPC, at PS Special cell and subsequently charge sheet was filed under Section

419/420/467/468/471/120B/34 IPC and 66 C/ 66 D IT Act.

2. The case of the prosecution as borne out from the status report is that a complaint was received, wherein the complainant alleged that some individuals have induced him to invest in fraudulent investment schemes. It is alleged one Mr. Sumit Jain contacted the complainant telephonically on numerous occasions and informed the complainant that ICICI prudential had declared a bonus for his good customers and that the complainant is also eligible for availing this bonus for his previous policy. To avail the said bonus, the complainant will have to invest a sum of Rs 55,000/- which would be returned to him once he received the bonus. Accordingly, the complainant invested the said amount. Later, when the complainant tried to contact Sumit Jain to know the status of bonus, then the alleged phone number was found switched off.

3. Subsequently, the complainant was approached by one Ms Ritu Verma, who also claimed to be from ICICI Prudential. She fraudulently introduced the complainant to Mr. Bansal, who further fraudulently induced the complainant to part with Rs 32,000/-, Rs 41,600/- and Rs 75,000/- in the account of Chandra Bhushan towards some Code Deactivation charges, NOC charges, FNF Charges. Between 2015 to 2017, there were numerous instances of cheating by suspicious individuals, who tricked the complainant to invest a total of Rs 4,35,500/- in various policies and Rs 14,56,500/- in dubious schemes.

4. In the beginning of 2018, one Mr. Alok Verma, claiming himself to be an officer of the complaint department of Governing Body of Insurance Council, Mumbai, telephonically contacted the complainant and informed him that he was in receipt of a complaint file. He further assured the complainant that he would register a complaint with the GBIC on behalf of the complainant and would ensure that all payments and due arrears are made to the complainant. Between April 2018 and August 2019, he got the complainant in contact with other officials, namely Mr. Rajan Singh, Mr.

Reddy and Mr. Vivek Tiwari.

5. It is alleged that eventually, a group of unknown people had cheated the complainant to the tune of Rs 2.80 Crore over a period of 7-8 years on the pretext of insurance policies and, getting back the money stuck in the insurance policies.

6. On the basis of the complaint of the complainant, FIR No. 107/2022 under Sections 419/420/468/471/34 IPC, at PS Special cell was registered. During the course of investigation, the complainant produced all the fake and fabricated documents sent by the accused persons. The documents thus seized were sent for verification to IRDA (Insurance Regulatory and Development Authority of India) as well as to the Office of Ombudsman for verification and upon their reply the same were found to be fake.

7. In the course of investigation, the complainant provided the bank account details in which he had deposited the money on various occasions. He also furnished several mobile phones from which he had received phone calls. The alleged bank accounts were analysed and the CDRs of the aforesaid mobile phones were obtained. The investigation revealed that the cheated amount was found to be credited in the multiple bank accounts provided by the complainant. During analysis of the bank account details obtained from the concerned banks, it was found that the complainant’s money was credited into the alleged accounts and the same was found to be withdrawn through various ATMs. However, no clue about the accused could be obtained from the money trail as the matter was old and the money was found to be withdrawn upto June, 2021. The account holders of the alleged accou