Neutral Citation Number : 2023:DHC:2241

BAIL APPL. 2948/2022

Page 1 of 13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 27^th March, 2023

Pronounced on: 29^th March, 2023

+

BAIL APPLN. 2948/2022

HARESH KUMAR CHOUDHARY

..... Petitioner

Through:

Mr.

Aditya

Kumar

Choudhary,

Mr.

Gurmehar

Vaan

Singh,

Mr. Mrigank Bhardwaj, Mr. Raja

Choudhary, Advocates.

versus

STATE NCT OF DELHI

..... Respondent

Through:

Mr. Aman Usman, APP for the State

with A.S.I. Vinay Tyagi, P.S. Crime

Branch, Delhi.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA, J.

1.

The present application under Section 438 of the Code of Criminal

Procedure, 1973 („CrPC‟) seeks grant of anticipatory bail in case FIR No.

149/2022, dated 22.07.2022 under Sections 419/420/468/471/120B/34 of the

Indian Penal Code, 1860 („IPC‟) registered at PS Crime Branch.

2.

Briefly stated, the facts of the present case are as follows:

i.

On 22.07.2022, information was received at PS Crime Branch that a

person named Lucky alongwith his associates was involved in cheating

people and obtaining money from them on the pretext of getting their

loans sanctioned under the 'Pradhan Mantri Mudra Loan' and received

Digitally Signed

By:ANITA BAITAL

Signing Date:29.03.2023

16:34:28

Signature Not Verified

Neutral Citation Number : 2023:DHC:2241

BAIL APPL. 2948/2022

Page 2 of 13

the said money in fake bank accounts. It was stated that Lucky and his

associates opened several fake bank accounts in order to receive the

money and had even purchased several SIM Cards to call people.

ii.

Acting on the said information, the informer, alongwith a team of

police personnel reached C-Block, New Ashok Nagar, Delhi at about

9:50 AM on 22.07.2022.

iii.

The informer identified a person standing nearby as Lucky. Lucky was

apprehended and under interrogation, disclosed that he and his

associates cheated people on the pretext of getting their loans

sanctioned. He had a mobile phone with a SIM Card bearing the mobile

number 8109985536. On further interrogation, Lucky disclosed that he

and his associates used the said mobile phone to call and speak with

people about getting their loans sanctioned. He also stated that once the

money was received in fake bank accounts opened by them, they used

to withdraw the same and distribute it among themselves.

iv.

Lucky led police party to his apartment, where in a room, two mobile

phones, one diary, some bank cards and a laptop were found. The two

mobile phones had SIM Cards bearing numbers 9721797446 and

7836025808. The diary contained details of several bank accounts.

Three debit cards of accounts opened with Kotak Mahindra Bank,

IndusInd Bank and Union Bank were also found alongwith one

chequebook.

v.

It was stated that Lucky further disclosed that the SIM Cards and bank

accounts used by him and his associates were provided by persons

namely Parveen and Vikesh @ Mintu with whom he met through

Haresh, the present applicant who worked at Just Dial. It was stated

Digitally Signed

By:ANITA BAITAL

Signing Date:29.03.2023

16:34:28

Signature Not Verified

Neutral Citation Number : 2023:DHC:2241

BAIL APPL. 2948/2022

Page 3 of 13

that Haresh used to provide data relating to loan enquiries to Lucky,

who then used to call the intended targets.

vi.

The persons who were allegedly cheated by Lucky and his associates

were interrogated by the police. It was stated that most of them

informed the police that they were cheated on the pretext of getting

their loans sanctioned.

vii.

Subsequently, on the basis of the initial enquiry and recoveries made,

the

present

FIR

was

registered

under

Sections

419/420/468/471/120B/34 of the IPC naming Lucky as an accused.

viii.

Lucky was arrested on 23.07.2022 and remanded police custody. Debit

cards, cheque books and SIM