Delhi’s Patiala House Court has granted bail to a man who is a co-accused in a case of cheating by impersonation and cloning of the SIM of the Cabinet Secretary.
A case was registered under sections related to cheating and criminal conspiracy and the IT Act by the special cell of Delhi police for alleged cheating of Rs 50 lakh with a person on the pretext of getting him a Lok Sabha election ticket. A charge sheet has already been filed against the accused persons.
Chief Metropolitan Magistrate Snigdha Sarvaria on Tuesday granted bail to Dasrath Singh on furnishing a bond of Rs 50 thousand and a surety bond in the like amount.
While granting bail, the court said, “Considering the overall facts and circumstances of the case and that accused is in custody since February 19, 2023, the role alleged against him is that he told the profile of Bhupendra to Himanshu and Justin.”
The charge sheet has already been filed, the applicant is no more required for custodial interrogation and no fruitful purpose would be served by keeping the accused behind bars, the judge said.
The court also considered the fact that no money was received by the accused.
The accused has moved a bail application on the ground that the investigation is completed and a charge sheet has been filed.
Advocate Karan Tarkar and Aaron Shaw argued on behalf of the accused that nothing has been recovered from the applicant/accused at the time of arrest, nor any substantial evidence has been found against him in the FIR as well as in the charge sheet.
It was also submitted that the applicant/accused is not part of any criminal conspiracy, dishonestly cheated anyone, nor impersonated anyone as per the charge sheet filed by the Special Cell.
The counsel for the accused submitted that he is in judicial custody for almost three months and a charge sheet has already been filed. There is no apprehension of tampering with evidence in any manner or influencing the witnesses.
The accused is a family man having clean antecedents and is a permanent resident of Gujarat. There is no apprehension that he may abscond.
On the other hand bail application is opposed by the Additional Public Prosecutor (APP) and the IO on the ground that the accused provided the details of victim Bhupendra to co-accused for cheating.
It was also submitted that the accused was part and parcel of an overall conspiracy hatched to cheat the victim Bhupendra for Rs 50 lakhs.
Entry have been in the accused’s name in Paradise Hotel in Paharganj where the accused checked in on January 24, 2023 when the victim was called to Delhi, APP argued.
The APP also argued that there are chances that the accused can try to threaten the victim Bhupendra Singh. He may jump the conditions of bail if bail is granted.
The court has imposed conditions including that the accused shall not leave the country without prior permission of the court.