An accused is entitled to be released on bail if the allegations made in the FIRs are similar and no new facts or allegations or commission of any separate offense is disclosed in the subsequent FIRs.

Headnote:
BAIL - ARREST - [ACCUSED WAS GRANTED BAIL IN CONNECTION WITH THE FIRST FIR ON 08.11.2023. THE SECOND FIR WAS LODGED ON 07.11.2023. THE PRAYER TO SHOW THE PETITIONER TO BE ARRESTED IN CONNECTION WITH THE SECOND FIR WAS MADE BY THE I.O., BEFORE THE LEARNED CHIEF JUDICIAL MAGISTRATE, KAMRUP (M) AT GUWAHATI ON 09.11.2023. THE TWO FIRS HAVE BEEN LODGED AND REGISTERED IN THE BACKDROP OF THE SAME SET OF FACTS AND ALLEGATIONS. THE INVESTIGATING AUTHORITY HAS GOT SUFFICIENT TIME, STATUTORILY PROVIDED TO COMPLETE THE INVESTIGATION IN THE FIRST CASE, HOWEVER, MAY BE FOR SUFFICIENT REASONS, HE HAS NOT BEEN ABLE TO COMPLETE THE INVESTIGATION. THEREFORE, IN THE CONSIDERED OPINION OF THIS COURT, CUSTODY OF THE PETITIONER IN CONNECTION WITH THE PRESENT CASE ON THE SAME SET OF FACTS AND ALLEGATIONS, MAY NOT BE WARRANTED.]
Fact of the Case:

The petitioner was arrested in connection with an FIR lodged before the Cyber P.S. Panbazar, Guwahati corresponding to GD Entry No. 200 dated 13.09.2023. The FIR alleged that some scammer gangs were operational in Guwahati, Assam, and were involved in operating call centers across India and were scamming and cheating gullible Indian and Foreign Nationals by impersonating as Tech Support Staff by originating “tech support pop-ups and by impersonating as legitimate customer service representatives to deceive individuals and cheat them out of money or personal information making various false claims to create a sense of urgency or fear by claiming that the bank account has been compromised, computer has a virus, personal identifiable information are at risk, computer or social media account has been hacked. Subsequently, another FIR was lodged by the Inspector of Police, Crime Branch, Guwahati on 07.11.2023 inter alia making the following allegations: “I, hereby submit this First Information Report (FIR) to inform you of a serious event involving the illegal operation of fraudulent call centres in Guwahati, Assam. With reference to General Diary Entry No. 17 dated 06.11.2023, a reliable source of information has revealed that these fraudulent call centres operate by generating fake ‘tech support’ pop-ups and posing as legitimate customer service representatives. They create a false sense of urgency or fear by claiming bank accounts have been compromised, computers are infected with viruses, personal identifiable information (PII) is at risk, or social media accounts have been hacked. The scammers gain access to victims’ computers through remote desktop software, stealing personal information and planting malware on their devices”.
Finding of the Court:

The court found that the allegations made in the two FIRs were absolutely similar and that no new facts or allegations or commission of any separate offense was disclosed in the second FIR. The court also noted that the petitioner had been in custody for more than 73 days in connection with the first FIR and had been granted bail by the court on 08.11.2023. The court held that the investigating authority had sufficient time to complete the investigation in the first case and that the petitioner’s custody in connection with the present case on the same set of facts and allegations was not warranted.
Issues: Whether the petitioner should be granted bail in connection with the second FIR, given that he had already been granted bail in connection with the first FIR, which alleged similar offenses.
Ratio Decidendi: The court held that the petitioner was entitled to be released on bail in connection with the second FIR as well, as the allegations made in the two FIRs were absolutely similar and no new facts or allegations or commission of any separate offense was disclosed in the second FIR. The court also noted that the petitioner had been in custody for more than 73 days in connection with the first FIR and had been granted bail by the court on 08.11.2023. The court held that the investigating authority had sufficient time to complete the investigation in the first case and that the petitioner’s custody in connection with the present case on the same set of facts and allegations was not warranted.
Final Decision: The court allowed the bail petition and directed that the petitioner be released on bail on executing a bail bond of Rs. 2,00,000/- (Two lakhs) with two suitable solvent sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M), Guwahati.

ORDER

28.11.2023

1. Heard Mr. D. Das, learned counsel for the petitioner. Also heard Mr. P.

Borthakur, learned Additional Public Prosecutor for the State of Assam.

2. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Shri Bijoy Chettry, who has been shown arrested on 09.11.2023 in connection with Dispur PS Case No. 2126/2023 during his judicial custody for his arrest in connection with Cyber PS FIR No. 08/2023 being registered under Sections 120(B)/419/420/385/467/471/468/507 of the Indian Penal Code read with Sections 65/66/66B/66C/66D of the Information Technology Act, 2000.

3. It is worth mentioning that the petitioner has already been granted bail by this Court under its order dated 08.11.2023 passed in Bail Appln No.

4043/2023.

4. On 14.09.2023, an F.I.R. was lodged before the Cyber P.S. Panbazar, Guwahati corresponding to GD Entry No. 200 dated 13.09.2023. The relevant portion of the FIR is quoted herein below:-

“ I have the honour to inform you that with reference to the above GDE, a reliable source information was received that some Scammer gangs are operational in Guwahati, Assam was are involved in operating call centers across India and are scamming and cheating gullible Indian and Foreign Nationals by

impersonating as Tech Support Staff by originating “tech support pop-ups and by impersonating as legitimate customer service representatives to deceive individuals and cheat them out of money or personal information making various false claims to create a sense of urgency or fear by claiming that the bank account has been compromised, computer has a virus, personal identifiable information are at risk, computer or social media account has been hacked. Further, this gang of Scammers initiate contact through unsolicited phone calls, claiming to be from a well known company or organization, such as a bank, tech support, government agency, or even a popular online service for their financial gain. They ask the victims to install remote desktop software and thereby take access to their computers and thereafter steal personal information and plant malware on the targets victims devices. More importantly, the gang of scammers has associates and members across India and the scammers launders the money obtained through these scams.

Accordingly, upon-receipt of the source information, I along with combined staff have made an enquiry about the matter in the Guwahati City. During enquiry, it revealed that the following persons along with other accomplices have illegally setup Customer Care Centrers/Call Centers as per information received at Bamunimaidam (back side of Sicedm) Mono Motors building at Bamunimaidam, at VIP Road opposite Trust Motors, Outspire Solutions at Zoo Road, above AG Medicare at Rajgarh Road, near Hotel D Agni Dip at ABC and few other places of Guwahati which are used to scam and cheat Indian and Foregin Nationals by impersonating as Tech Support Staff. During enquiry, intel received has been found to be true to its nature. The below mentioned accused along with others are found to be the masterminds involved in the offense. Furthermore, the accused persons and their associates manipulates and forge electronic documents and use them as genuine documents for the purpose of cheating and found to be actively operating this scam since quite long”.

5. The petitioner was arrested in connection with the aforesaid case and he was forwarded to the learned Court of Chief Judicial Magistrate, Kamrup (M), Guwahati seeking 7 (seven) days judicial custody. The ground of arrest reflected in the forwarding report is quoted herein below:-

“That all the accused persons noted below are involved in running call centres illegally in online system with planned conspiracy to commit cheating and forgery etc. upon the some of the gullible Indian as well as some foreign nationals with impersonation as Tech Support Staff and also by originating tech support pop ups as well as by impersonating t

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2023 Supreme(Online)(GAU) 3068

An accused is entitled to be released on bail if the allegations made in the FIRs are similar and no new facts or allegations or commission of any separate offense is disclosed in the subsequent FIRs.

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