Delhi High Court - OrdersKamal @ Chhotu vs State Nct Of Delhi on 18 August, 2021Author:Manoj Kumar OhriBench:Manoj Kumar Ohri$~11.\n*       IN THE HIGH COURT OF DELHI AT NEW DELHI\n+       BAIL APPLN. 2328/2021\n        KAMAL @ CHHOTU                           ..... Petitioner\n                    Through: Mr. Kanhaiya Singhal, Mr. Chetan\n                    Bhardwaj, Mr. Prasanna, Ms. Heena Tangri,\n                    Mr. Rishabh Jain, Mr. Ajay Kumar and Udit\n                    Bakshi, Advocates\n\n                           versus\n\n        STATE NCT OF DELHI                         ..... Respondent\n                      Through: Ms. Neelam Sharma, APP for State with\n                      SI Sonal Raj, P.S. Daryaganj\n\n        CORAM:\n        HON'BLE MR. JUSTICE MANOJ KUMAR OHRI\n        (VIA VIDEO CONFERENCING)\n                 ORDER%                18.08.20211.      The present application has been filed underSection 439Cr.P.C. on\nbehalf of the applicant seeking regular bail in FIR No. 157/2020 registered\nunderSections 419/420/467/201/120B/34IPC andSection 66of the IT Act\nat P.S. Darya Ganj, Delhi.2.      Learned counsel for the applicant submits that the applicant is in\ncustody since 26.08.2020 and as per the allegations levelled in the FIR, the\nrole assigned to the present applicant is of providing data of various\ncustomers to the co-accused persons. He submits that, in fact, it was the co-\naccused who had opened fake account on MobiKwik, which was used in the\nact of cheating. He further submits that there is no allegation with respect to\nany amount received by the present applicant.3.    Learned APP for the State has forwarded the Status Report through\nE-mail, which is taken on record. As per the Status Report, it is stated that\nthe present complaint was lodged at the instance of one Vipin Bhatnagar\nwho stated that on 28.04.2020, he received various messages of sharing OTP\nof his SBI credit card. He realised that unusual transactions of Rs.1500/- and\nRs.3599.50/- were done at Paytm Wallet.4.    The present applicant alongwith Rahul, were providing banking data\nof customers while co-accused Radha and Bunty used to call customers and\nas bank executives. It is also stated that there are about 58 victims, who have\nbeen cheated by the syndicate and the total cheated amount is about\nRs.17.40 lacs.5.    In rebuttal, learned counsel for the applicant submits that none out of\nthe 58 victims have been made witness in the present case. He further\nsubmits that as per the Status Report, the applicant is not involved in any\nother case.6.    Learned APP for the State, on instructions from the Investigating\nOfficer, submits that as per the SCRB record, no other case has been\nregistered against the present applicant. She also confirms that during\ninvestigation, the applicant was not found having any bank account in which\ncheated amount has come.7.    Keeping in view the facts and circumstances of the case and the role\nassigned to the present applicant, it is directed that the applicant be released\non regular bail on his furnishing a personal bond in the sum of Rs.25,000/-\nwith one surety of the like amount to the satisfaction of the concerned Jail\nSuperintendent/Duty M.M. and subject to the following further conditions:-(i)     The applicant shall not leave the NCT of Delhi without\n               prior permission of the concerned Court.(ii)    The applicant shall remain available on mobile number:9818402796, which he undertakes to keep operational at\n               all times during the pendency of the trial.(iii)   In case of change of residential address or contact details,\n               the applicant shall promptly inform the same to the\n               concerned Investigating Officer as well as to the\n               concerned Court.(iv)    The applicant shall regularly appear before the concerned\n               Court during the pendency of the trial.(v)     The applicant shall not directly/indirectly try to get in\n               touch with the complainant or any other prosecution\n               witnesses or tamper with the evidence;(vi)    The applicant shall telephonically report to the\n               Investigating Officer/SI Sonal Raj, P.S. Daryaganj at his\n               mobile number i.e., 9953442756 on first Monday of\n               every month during the pendency of the trial.8.     The bail application stands disposed of in the above terms.9.     A copy of this order be communicated electronically to the concerned\nJail Superintendent for information.10.    A copy of this order be immediately uploaded on the website.11.    Needless to state that nothing observed hereinabove shall amount to\nan expression on the merits of the case and shall not have a bearing on the\ntrial of the case.MANOJ KUMAR OHRI, J\nAUGUST 18, 2021/na\n                                  Click here to check corrigendum, if any