ARUN KRISHNA NAIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Sec. 439 of the Code of Criminal Procedure, 1973 is for grant of bail to the applicant in connection with the FIR being C.R.No. 11191011220024 of 2022 registered at DCB Police Station, Ahmedabad, for the offence punishable under Ss. 420 and 120B of IPC, Sec. 65 of the Information and Technology Act , 2000, Sec. 20 of the Indian Telegraph Act, 1885 and Sec. 6 of the Indian Wireless Telegraph Act, 1931.

(2.) The brief facts of the prosecution case is that, on 25/2/2022, one email was received at the office of ATS, from Department of Telecommunication stating therein that, certain calls have been made to Saudi Arabia and such conversations are suspicious. In the email, it was specifically stated that by using SIP trunk pilot of TATA company, the international call had been converted into regular voice call. Based on the information, DCB police station raided the premises at Ahmedabad where the whole conspiracy executed. During the raid, it was revealed that, accused Shivkumar, resident of Koimbatur, Tamilnadu State, was master mind of the criminal conspiracy and he introduced himself to the office of Ahmedabad that, he is doing business in the name of Promex BPM Pvt. Ltd. and BKS Mygood Pvt. Ltd. and the company intends to set up customer call center. The persons who have acted for setting up the call center used Any Desk application and used ASTERISK soft dialler to make functional the center. The accused Shivkumar informed the Ahmedabad office that, he created one group in Skype Application, wherein, he had added one Mr. James Martin and Mr. Anwar Sharif and it was further stated that, as per the instructions of aforesaid two persons, the center is required to be established. In this background facts, the persons of Ahmedabad office made functional the care center as directed by Shivkumar and after adding Mr. James Martin and Mr. Sharif, he obtained password and got access in the system. It is alleged that, Mr. Shivkumar with the aid of present applicant Mr. Arun Krishna Nayar, connected with the system to execute the criminal conspiracy with the object to convert international calls into GSM network and thereby, caused huge monetary loss to the public exchequer for his vested interest.

(3.) In the aforesaid facts, FIR came to be lodged. Accused No.1 Anwar Abdul Jabbar, closed aid of accused Shivkumar was arrested and thereafter, present applicant being a technical export person, who was instrumental in converting the call through Skype App is arrested on 2/4/2022. The principal accused Shivkumar is still at run. Chargesheet is filed against the applicant herein on 22/4/2022. Application for regular bail moved by the applicant herein came to be rejected by the Sessions Court concerned. Co-accused Anwar has been enlarged on bail by the Sessions Court.