BAIL APPLN. 3482/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 20.12.2022

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BAIL APPLN. 3482/2022 & CRL.M.A. 24222/2022

PRATEEK ARORA

..... Petitioner

Through:

Mr. Samrat Nigam, Mr. Pradeep

Kumar, Mr. Babulal, Mr. Aashish Gupta, Advs.

versus

CBI THROUGH ITS DIRECTOR

..... Respondent

Through:

Mr. Anupam S. Sharrma, SPP with

Mr. Prakarsh Airan, Ms. Harpreet Kalsi, Mr.

Abhishek Batra, Mr. Nishant Chaudhary, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

:

JASMEET SINGH, (ORAL)

1.

This is an application filed seeking grant of anticipatory bail in the FIR

No.

RC0032022A0059/2022

registered

under

Section

120B/170/384/419/420 IPC and Section 66C/66D of the IT Act, 2008

at PS CBI, ACB, New Delhi.

2.

As per the FIR, it is stated that information was received from source

with regard to running of an illegal call centre where there was a large-

scale cyber cheating and extortion from foreign nationals by

impersonating themselves as Police Officers and thereby causing

wrongful loss to foreign nationals and wrongful gain to themselves.

3.

The source also informed that most of the amounts collected from the

victims were transferred in the form of bitcoin in the account of

accused, Mr. Vijay who maintained an e-wallet of “WazirX”. The

applicant is one of the accused running and operating the call centre.

Digitally Signed byAMIT

ARORA

Signing Date:23.12.2022

20:15:13

Signature Not Verified

BAIL APPLN. 3482/2022

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Hence, the FIR.

4.

In the reply filed before the learned Sessions Court, the respondent has

stated that during interrogation, it transpired that it was in fact the

applicant along with his brother, Mr. Vaibhav Arora who were running

the call centre at Shadi Khampur Village, New Delhi-110008 and had

employees who were working as Telecallers. The Telecallers have

identified the applicant and his brother as the kingpin of the call centre.

The statement of Mr. Jaiveer Sharma has also been taken which states

that it is the applicant who had rented 3 cabins in M/s Ojas

International at H.No. 2161/T-6, 4^th Floor, Opp. Metro Pillar No. 231,

Guru Arjun Nagar, Shadi Khampur Village, New Delhi-110008. These

cabins were searched and total 33 hard disks having incriminating data

were seized.

5.

In the present case, warrants have been issued against the applicant and

he is „absconding‟. Even his brother, Mr. Vaibhav Arora, who had

earlier filed a BAIL APPLN. 3292/2022 is „absconding‟.

6.

The custodial interrogation of the applicant is required to find the

financial trails having crypto currencies which are yet to be unearthed.

The offences are of serious nature and has international ramifications.

7.

It is also stated by Mr. Nigam, learned counsel for the applicant that in

the present FIR, all the offences have maximum imprisonment of less

or upto 7 years with or without fine and hence, notice under Section

41A Cr.PC is mandatorily required to be given as per the dicta of the

judgment titled “Arnesh Kumar vs. State of Bihar & Anr.” [(2014) 8

SCC 273].

8.

This Court in a judgement titled as “Bhanu Prakash Singh vs. State

Digitally Signed byAMIT

ARORA

Signing Date:23.12.2022

20:15:13

Signature Not Verified

BAIL APPLN. 3482/2022

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(GNCT of Delhi)” [(2021) SCC OnLine Del 3018] has opined that:-

“8. Undoubtedly, the offences alleged against the petitioner are

Digitally Signed byAMIT

ARORA

Signing Date:23.12.2022

20:15:13

Signature Not Verified

BAIL APPLN. 3482/2022

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9.

In this view of the matter, I am not inclined to entertain the application

as of today. Hence, the application is dismissed.

JASMEET SINGH, J

DECEMBER 20, 2022 / (MS)

Digitally Signed byAMIT

ARORA

Signing Date:23.12.2022

20:15:13

Signature Not Verified