J U D G M E N T

DINESH KUMAR SHARMA, J.

FACTUAL MATRIX

1. The present Bail Application has been filed under Section 439 of CrPC r/w Sec. 21 (4) of MCOCA in FIR bearing no. 208/2021 registered at Special Cell Police Station (Delhi) under Sections 170/186/386/388/419/420/406/409/468/471/353/506/120B of IPC and Section 66D of IT Act and Section 3 & 4 of Maharashtra Control of Organized Crime Act, 1999 [„MCOCA‟]. The bail application filed by the petitioner in case titled “State v. Sukesh Chandrashekhar & ors'' was dismissed vide order dated 08.07.2022 by Learned Additional Sessions Judge

2. Briefly Stated facts of the case are:

i. The present FIR has been registered on the basis of the complaint of the Complainant Ms. Aditi Singh alleging therein that on 15.06.2023 she received a call from one landline number on her mobile phone in which the caller introduced himself as a senior officer in the Ministry of Law and proposed to help her in securing bail for her husband who was running in Judicial Custody in cases related to M/s Religare Enterprises Ltd. It is alleged that the said caller demanded a sum of Rs.20 crores from the complainant for getting the work done and conveyed the modalities regarding the delivery of money. The caller further through his associates extorted money from the complainant on multiple occasions. The extorted money was to the tune of Rs.217 Crores.

ii. It is alleged upon conducting technical surveillance on the cell phone used by said caller, the identity of the caller was found to be Sukash Chander Shekhar, who was already lodged in Rohini Jail as UTP in the case of allegedly taking money from AIADMK leader TTV Dinakaran under the guise of assisting him in retaining the 'two leaves' symbol for his party. Further, the complainant alleged that she received a call demanding Rs 1 crore on August 7, 2021. Following receipt of this information, a trap was laid down, and accused Pradeep Ramdanee who came in a Hyundai I-20 was apprehended red-handed while receiving Rs 1 Crore from the complainant. Accused Pradeep Ramdanee disclosed that he collected the money on the instructions of his brother Deepak Ramnani and at the instance of Pradeep Ramdanee, his brother Deepak Ramnani was also arrested. Their interrogation led to the mastermind Sukesh Chander Shekar who had roped both of them to collect the extortion money from the complainant.

iii. On the intervening night of 07/08.08.2021 raid was carried out by Special Cell at Cell No. 204, Ward No. 3 of Jail No. 10, Rohini Jail, and two mobile phones were recovered from the possession of Sukesh Chander Sekhar. He was arrested in the present case. Further, the interrogations of the accused led to the identification of their associates and co-conspirators and each facilitator played a different role thereby it was revealed that Avtar Singh Kochar has played an important role as a Hawala Operator in running the crime syndicate led by Sukash.

iv. During the investigation, it was further revealed that the accused/

applicant Avtar Singh Kochar, Hawala Operator, joined the organized syndicate of crime led by Sukash and he knowingly helped Sukash in running a crime syndicate inside Jail premises in lieu of hefty commissions and without his help, the syndicate could not have been able to achieve its goal. On 14.09.2021, accused/applicant Avtar Singh Kochar@Dolly was brought to the office of EOW by the team of Special Cell and was apprehended from Panchkula.

3. During the investigation, the applicant/accused disclosed that his transport business was in losses.. Thereafter, he jumped into finance and took a rented shop near Ajmal Khan Road, Bata Showroom in Karol Bagh. Gradually, he got acquainted with Angadias and Hawala traders and he started sending the money of merchants to different cities through Hawala. Further, it was stated that he met Deepak Ramnani and thereafter he told him about A-1 Sukash Chandrasekhar and offered 7-8 % commission for transferring the extorted money through t