$~115 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on: 06.03.2025 + BAIL APPLN. 1497/2024 KUNDAN KUMAR @ GORE ..... Petitioner Through: Mr. Akshat Sharma, Mr. Siddharth Arora, Ms. Shalini Singh, Mr. Himanshu Bhandari and Mr. Prajanya Rathore, Advs.

versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. Ripudaman Bhardwaj, SPP with Mr. Kushagra Kumar, Mr. Abhinav Bhardwaj, Mr. Amit Kumar Rana and Mr. Himanshu Kaushik, Advs.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

JUDGMENT

VIKAS MAHAJAN, J.

1. The present petition has been filed under Section 438 read with Section 482 CrPC seeking anticipatory bail in connection with FIR No. RC 221/2023/E0005 under Section 120B read with Section 420 IPC and Sections 66C/66D of IT Act, 2000 registered at Police Station EO-III Delhi, CBI, New Delhi.

Signature Not Verified BAILAPPLN.1497/2024 Page1of12 Digitally Signed By:NARENDRA SINGH

2. The case of the prosecution is that the instant RC was registered by the CBI on the basis of a written complaint received from Constable Sh. Kuldeep Kumar Hemrom posted at CBI Head Office at New Delhi. It has been alleged therein that the complainant had booked a courier from DSK Xpress Service, New Delhi, for Lucknow. Upon checking the courier's status, the complainant discovered that the same was being reflected as mis- located and the complainant attempted to look up the customer care number of Blue Dart on the internet.

3. On 05.02.2023, upon searching the internet, the complainant saw a mobile number which was shown as the customer care number of Blue Dart. Upon contacting the same he spoke to someone who identified himself as a representative of Blue Dart. Subsequently, this representative then told the complainant that he would be receiving a phone call from his senior. After a short while the complainant received a phone call from a different number. The caller claimed to be calling from Blue Dart to resolve the complainant's grievance regarding his courier. He further asked the complainant to make a transaction of Rs.2/- in order to locate the courier. The complainant, however, did not payanything.

4. Subsequently the complainant received another call from a third mobile number. This time the caller identified himself as Sanjay Kumar, Senior Executive Officer from Blue Dart. He told the complainant that he would be sending a link over SMS and the complainant should fill all the details as may be required. Upon receiving the link through SMS, the complainant filled in all the details as were required and also provided the Signature Not Verified BAILAPPLN.1497/2024 Page2of12 Digitally Signed By:NARENDRA SINGH name of his bank, mobile number, the amount of Rs.2/- and his UPI PIN pertaining to his bank account. The caller thereafter told him that his courier had been located. When the complainant attempted to verify the same, the status of the consignment still showed as mis-located. The complainant then again called Sanjay Kumar who in turn assured the complainant that his courier would be delivered byevening.

5. On 08.02.2023, when the complainant checked his account statements, he realized that Rs.99,963/- was debited on 06.02.2023 and Rs.98,965/- was debited from his account on 07.02.2023. Aggrieved by the same, the complainant lodged a complaint with the Superintendent of Police, Cyber Crime Investigation Division, EO-III Delhi, CBI, New Delhi. The same then culminated into the aforesaid FIR.

6. During the course of investigation, on the basis of specific information from reliable sources, accused Amit Kumar was caught red handed while withdrawing the allegedly duped funds from an ATM. Hence, he was arrested on 02.06.2023. While in custody he was interrogated and he provided certain information in respect of his associate Kundan Kumar @ Gore (present petitioner) and stated that he is part of a syndicate which is involved in defrauding and cheating the innocent people across India by an organised modus operandi.

7. Accused Amit Kumar al