MOHD IRFAN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a second application under Sec. 439 of the Code of Criminal Procedure, 1973 ('CrPC") on behalf of the applicant seeking regular bail in FIR No. 30/2021, under Ss. 420/406/120B of the Indian Penal Code, 1860 ('IPC"), Ss. 4/20/21/25 of the Indian Telegraph Act, 1885 and Sec. 65 of the Information Technology Act, 2000, registered at P.S. Hauz Qazi.

(2.) The case of the prosecution is that the present applicant, alongwith co-accused persons had entered into a conspiracy and established an illegal telephone exchange. It is alleged that by way of establishing the said exchange, huge monetary loss was caused to the government exchequer and telecommunication sector, as international calls can be terminated in India through Department of Telecom ('DOT") licensed operators only. It is the case of the prosecution that the said telephone exchange was set up in Chawri Bazar, Delhi and run by the present applicant. It is alleged that the present applicant was using 'New Era Software Driver Technology" for routing calls from countries like United States of America, Canada, United Arab Emirates and Australia, via an illegal route over the internet, by-passing the legal international and national call gateways of India. It is alleged that the said set-up was being run by the name of 'Adeeba Enterprises".

(3.) On prior information regarding commission of the alleged offences, a team of police officials raided the premises and seized the articles used in running of the said telephone exchange. The present applicant was arrested on 7/10/2021 and has been in custody since then.