2021 (2) TMI 1387 - HC - Indian Laws

Seeking grant of bail - deceiving innocent persons through lottery scam - HELD THAT - In the supplementary charge-sheet the role of Manish Gupta has been described as an agent of Aminul Haque @ Buddha induced local people and innocent persons to open bank accounts in their names and received ATM Cards issued against their accounts for withdrawal of money and sending the same to Aminul. From the submission made by learned P.P-in-Charge it is clear that the investigation of this case is now limited to unearthing the question as to the relationship between Reliance Food Industries Private Limited FZE Dubai with PRAN Group Bangladesh and PRAN Beverages (India) Private Limited. In order to get such information, foreign government action has been sought for. For the purpose of getting such report, further detention of the accused is not necessary till date, the investigation does not suggest any link between accused Manish Gupta and the above named companies situated respectively in United Arab Emirates, Bangladesh and India. Accused Manish Gupta be enlarged on bail of Rs. 50,000/- with two sureties of like amount, one of whom must be a local surety to the satisfaction of the learned Additional Chief Judicial Magistrate, Contai with further condition that if on bail the accused must visit the investigating officer once in a fortnight and will be available for interrogation in future, if required - Application allowed.

Summary

Issues:
1. Arrest and charges against accused persons in connection with fraud and cheating cases.
2. Allegations of deceiving innocent persons through lottery scam.
3. Request for further investigation and supervision by Inspector General of Police, CID, West Bengal.
4. Arguments for and against bail for the accused.
5. Decision on bail and conditions imposed.

Analysis:
1. The judgment involves the arrest and charges against accused persons, including Manish Gupta, in connection with fraud and cheating cases registered under various sections of the Indian Penal Code and the Income Tax Act. The accused were alleged to have deceived innocent persons through a lottery scam, collecting a significant amount of money through fraudulent means.

2. A suo motu complaint was filed, alleging that the accused engaged in deceiving innocent persons by falsely claiming they had won a lottery in Kaun Banega Crorepati (KBC) and requesting them to deposit money in exchange for a promised prize. The complaint implicated one individual as a kingpin of the racket, with money collected through deception being siphoned out to foreign countries.

3. The investigation led to a request for further investigation under Section 173(8) of the Criminal Procedure Code, with a Co-ordinate Bench of the Calcutta High Court directing supervision by the Inspector General of Police, CID, West Bengal. The order highlighted the serious economic consequences of the case, involving not only India but also other countries.

4. The arguments for and against bail for the accused were presented by respective counsels. The defense counsel argued for bail, citing the role of the accused as an agent of the racketeers and the lack of direct evidence linking the accused to international companies involved in the alleged money laundering. On the other hand, the prosecution vehemently opposed bail, emphasizing the gravity of the offense and the need for detention to uncover the international racket.

5. After considering the submissions and reviewing the case materials, the Hon'ble Judge decided to grant bail to accused Manish Gupta on stringent conditions. The bail amount was set at Rs. 50,000 with two sureties, requiring the accused to cooperate with the investigating officer, submit personal details, and deposit his passport. Any violation of the bail conditions would result in the cancellation of bail without further reference to the Court.