Rupender Singh v. The State (Govt of NCT of Delhi)

1. Vide the present petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioner seeks directions thereby directing the concerned Investigating Officer to release the petitioner on bail in the event of his arrest in case bearing FIR No.3/2015 registered at Police Station Rajouri Garden, Delhi, for the offences punishable under Sections 420/120-B/34 IPC.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner has no link with the alleged offence and has no knowledge about any amount or cheating. Rather, the petitioner has no relation with the accused persons and he has been falsely implicated in this case. He 2015:DHC:6244 further submits that the two accused, namely, Gurpal and Pawanpal, were also arrested by the police, who had given their statements, wherein they never disclosed that there was any role of the petitioner in the said cheating. As per the statement of the complainant, he issued a cheque in favour of Unigrow Venture Pvt. Ltd. with which the petitioner has neither any concern nor any partnership/agreement.

3. Learned Additional Public Prosecutor appearing on behalf of the State submits that the present petitioner is the master mind of the whole conspiracy. In the month of April, 2014, he came in contact with one Ram Singh of Rewari, who asked him to open a Call Centre and sell membership of his City Club and ICI Club. Accordingly, the petitioner opened a Call Centre. Since nobody was willing to have the membership of these clubs, so, Ram Singh and the petitioner hatched a conspiracy to cheat people on the pretext of bonus in LIC in which they involved accused Pawanpal and Gurpal, who were working as Team Leaders and were paid a salary of Rs.22,000/- per month. They used to obtain list of residents having MTNL Landline as they analysed that MTNL numbers were being used mostly by Senior Citizens only. With the help of their Tellecallers, they used to dupe people on the pretext of winning bonus through LIC or pending policy of LIC and asked them to courier money ranging from 15,000/- to 50,000/- as processing fee which would be refunded along with their ID proofs and two photographs.

4. After encashment of cheque, 70% money was paid as a share to the petitioner and 30% was kept as a share with Ram Singh. The petitioner further introduced Keshav to Ram Singh, who opened an office at Janakpuri and deputed Keshav as Incharge there.

5. Keeping in view the nature of allegations levelled against the petitioner coupled with the fact that the investigation is still at the initial stage for which the petitioner’s custodial interrogation is necessary, I am of the view that the application for grant of anticipatory bail of the petitioner is liable to be dismissed.

6. Ordered accordingly.

SURESH KAIT (JUDGE) AUGUST 05, 2015 sb