JUDGMENT

SWARANA KANTA SHARMA, J.

1. The present applications have been filed under Section 438 of Code of Criminal Procedure, 1973 (‘Cr.P.C’) on behalf of applicants seeking anticipatory bail in the case arising out of FIR bearing no. 15/2023, registered at Police Station Cyber (West), Delhi for offence punishable under Section 420 of Indian Penal Code, 1860 (‘IPC’).

2. Briefly stated the facts of the present case are that the present FIR was registered on the complaint of complainant Manish Meena against the present petitioners for committing the offence of cheating by way of advertising and selling of banned product Pink Flamingo Neimo 2.0 through facebook. It was alleged that on 03.03.2023 when complainant was out of Delhi, a courier was received in his name, while he had placed no such order. However, one of his office staff members had received the courier and had paid a sum of Rs.4,000/-. It was alleged by the complainant that the payment was made by Amarjeet Kaur from her account, who is an employee of complainant. The complainant had reported the same at the office of Blue Dart where he was informed that the order was delivered by Nimbus India and the refund for the delivery was made to the complainant from Paytm mobile number registered in the name of applicant/accused, Sulav Adhikari. On the next day, when office staff of the complainant had contacted Blue Dart, they had received another call asking for Signature Not Verified Digitally Signed BAIL APPLN. 1484/2023 & connected matters Page 3 of 8 an OTP, and they were informed that the money of complainant will be received within 24 hours. Thereafter, the complainant had received his money back in the name of Sulav Adhikari whose Paytm number was ***959, and after a few hours a sum of Rs.4100/- was deducted from the account of the complainant. On 10.03.2023, a courier boy came to the complainant, but the company name was XPRESSBEES. The complainant was asked for an OTP which he refused to give and denied to receive the package.

3. The police had seized 2 shipments which had contained 12 nail polishes but shipment was prepared with a label of Pink Flamingo Neimo 2.0 product. Thereafter, learned Trial Court had dismissed anticipatory bail applications moved by applicants/accused persons vide order dated 25.04.2023.

4. Learned counsel for applicants states that no offence under Section 420 of IPC is made out against applicants. It is stated that applicants have been falsely implicated in the present case. It is also stated that applicants are the employees of Suson Adhikari Media (OPC) Pvt. Ltd. which conducts online sale and purchase of beauty products. The company had delivered the products ordered by complainant herein and the payment was made for them, however, a cancellation request with refund was made and entire amount was returned to the complainant. A second order was placed on 06.03.2023 by the complainant and accordingly, delivery was made. It is stated that the applicants have not cheated the complainant of any money. Therefore, bail be granted.

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5. Learned APP for the State, on the other hand, states that this is a cybercrime case whereby multiple people have been cheated off by applicants herein. It is stated that applicants appeared in the police station after issuance of notice under Section 41 of Cr.P.C. and they were examined however, they did not cooperate in the investigation. It is also stated that during investigation, CDR of complainant was examined and no message was found with regard to placing of any such order. It is further stated that the employees of applicants namely, Surender Rabidas and Azhar, in their statement had stated that no product with the name of Pink Flamingo Wireless was being sold by the company. However, upon conducting further investigation, and as per data provided by Nimbus Post Pvt. Ltd. that a total of 6267 orders out of 20590 orders h