Delhi High Court – Orders
Punit Kumar (In Jc) vs State (Nct Of Delhi) on 24 December, 2024
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4794/2024
PUNIT KUMAR (IN JC) .....Petitioner
Through: Mr. M.L. Yadav,
Mr. Harish Chand and
Mr. Deepak Ahlawat,
Advs.
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Manoj Pant, APP for
the State with SI Jitender
Singh, PS Burari.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
ORDER
% 24.12.2024
CRL.M.A. 39109/2024 (exemption from filing certified copies /
dim annexures)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
BAIL APPLN. 4794/2024 & CRL.M.A. 39110/2024
3. The present bail application is filed seeking regular bail in
FIR No. 167/2024 dated 15.03.2024, registered at Police Station
Burari, for offences under Sections 419/420/120B of the Indian
Penal Code, 1860 (‘IPC‘) and Section 66(D) of the Information
Technology Act, 2000 (‘IT Act‘).
4. The FIR was registered on an alleged secret information
that a call centre is being run illegally to dupe innocent people on
the pretext of providing job in HDFC Bank through
‘Naukri.com’. The informer had pointed out the place / building
from where the call centre was being run. On entering the
BAIL APPLN. 4794/2024 Page 1 of 5
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premises, it is alleged that the accused persons, who were present
in the premises, accepted that they make calls to people for
providing them jobs in HDFC Bank through Naukri.com and
they collect money from them.
5. It is alleged that the applicant had made fake PAN Card in
the name of ‘Ankit Kumar’, having a photograph of the
applicant, and entered into a rent agreement with the landlord of
the premises from where the alleged fake call center was run. It is
alleged that different bank accounts were also allegedly opened
by the applicant and other accused persons for the said purpose.
6. The applicant was arrested on 16.03.2024 and is in custody
since then.
7. After the investigation, the chargesheet was filed against
the applicant for the offences under Sections
419/420/468/471/120B of the IPC and Section 66D of the IT Act.
In the chargesheet, one victim was identified, namely, Bhupender
Suryavanshi. It is alleged that the victim had paid a sum of
₹1,24,000/- to the accused persons on being allured that he will
get a job.
8. The learned counsel for the applicant submits that the
applicant has been falsely implicated in the present case and he
has no prior antecedents.
9. He submits that the investigation is complete and the
chargesheet has been filed. He submits that the case is based on
documentary evidence and no purpose would be served by
keeping the applicant in custody.
10. He submits that the applicant is the sole bread earner in the
family and he has to take care of his family members, including
BAIL APPLN. 4794/2024 Page 2 of 5
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his wife and parents.
11. Per contra, the learned Additional Public Prosecutor for
the State opposes the grant of any relief to the applicant. He
submits that the applicant is alleged to have duped a number of
victims and the offence as alleged is serious in nature.
12. I have heard the counsel and perused the record.
13. It is settled law that the Court, while considering the
application for grant of bail, has to keep certain factors in mind,
such as, whether there is a prima facie case or reasonable ground
to believe that the accused has committed the offence; the nature
and gravity of the accusation; severity of the punishment in the
event of conviction; the danger of the accused absconding or
fleeing if released on bail; reasonable apprehension of the
witnesses being threatened; etc. However, at the same time,
period of incarceration is also a relevant factor that is to be
considered.
14. It is the case of the prosecution that the accused persons,
including the applicant, duped a number of victims into paying
money under the false guise of securing them jobs through
Naukri.com. It is also alleged that the applicant made a fake PAN
Card bearing his photograph under the false name of ‘Ankit
Kumar’. The applicant also allegedly entered into a rent
agreement with the landlord of the premises, from where the call
center was run, using the fake name of ‘Ankit Kumar’.
15. It is stated that no recovery has been effectuated at the
instance of the applicant. It is also argued that the case is based
on documentary evidence that has already been seized.
16. The complicity of the applicant as well as the allegations
BAIL APPLN. 4794/2024 Page 3 of 5
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and defences will be seen during the course of the trial, however,
it cannot be ignored that given the alleged number of victims, the
trial is likely going to take a long time to conclude. Even as per
the case of the prosecution, they are still in the process of
identifying other victims.
17. The applicant was arrested on 16.03.2024. The applicant
cannot be made to spend the entire duration of trial in custody.
18. The object of jail is to secure the appearance of the
accused during the trial. The object is neither punitive nor
preventive and the deprivation of liberty has been considered as a
punishment.
19. However, appropriate conditions ought to be put to allay
the apprehension of the applicant tampering with the evidence or
evading the trial.
20. In view of the same, without commenting on the merits of
the case, this Court is of the opinion that the applicant ought to be
enlarged on bail. The applicant is, therefore, directed to be
released on bail on furnishing a personal bond for a sum of
₹50,000/- with two sureties of the like amount, subject to the
satisfaction of the learned Trial Court/ Duty MM/ Link MM, on
the following conditions:
a. The applicant shall cooperate in any further
investigation as and when directed by the
concerned IO;
b. The applicant shall not directly or indirectly
make any inducement, threat or promise to any
person acquainted with the facts of the case orBAIL APPLN. 4794/2024 Page 4 of 5
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tamper with the evidence of the case, in any
manner whatsoever;
c. The applicant shall under no circumstance leave
the country without the permission of the learned
Trial Court;
d. The applicant shall appear before the learned
Trial Court as and when directed;
e. The applicant shall provide the address where he
would be residing after his release and shall not
change the address without informing the
concerned IO/ SHO;
f. The applicant shall, upon his release, give his
mobile number to the concerned IO/SHO and
shall keep his mobile phone switched on at all
times.
21. In the event of there being any FIR/DD entry / complaint
lodged against the applicant, it would be open to the State to seek
redressal by filing an application seeking cancellation of bail.
22. It is clarified that any observations made in the present
order are for the purpose of deciding the present bail application
and should not influence the outcome of the trial and also not be
taken as an expression of opinion on the merits of the case.
23. The bail application is allowed in the aforementioned
terms.
AMIT MAHAJAN, J
DECEMBER 24, 2024
‘KDK’
BAIL APPLN. 4794/2024 Page 5 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 24/12/2024 at 22:45:17