SHILLONG, OCT 16: The Meghalaya High Court today granted bail to two accused persons who were arrested in connection with the fake US’ Internal Revenue Service (IRS) call centre racket busted by the state police on August earlier this year.
The order was issued here by the division bench headed by the chief justice Dinesh Maheshwari while hearing the bail applications filed by Nicky War, who was the owner of the M/s Dasanbha Enterprise Call Centre, and Christopher Kurbah, an employee under the SS Net Com.
“Accordingly, this bail application is allowed,” the bench stated in its order while directing that duo be released on bail on their furnishing a personal bond in the sum of Rs 20,000 with two sureties (of Rs 10,000 each) to the satisfaction of the Judicial Magistrate First Class.
The bail granted was in relation to Laiumkhrah PS Case No. 136 (8) 2017 registered against Nicky War and Laitumkhrah PS Case No. 134 (8) 2017 against Christopher Kurbah.
The bench also stated they will be released with an undertaking not to hamper or interfere with the investigation in any manner and to remain present before the Investigating Officer and before the Court concerned as and when called upon to do so.
During the hearing, Counsel for the petitioner K Paul has strenuously argued that the premises in question were taken on rent by the petitioner (War) for running a Call Centre on monthly rental basis and for this business, necessary permissions were obtained from the concerned authorities besides police verification; and the establishment was duly registered with the concerned Deputy Labour Commissioner.
According to the Counsel, the petitioner was merely receiving a meager amount as license fees and was not actively participating in the business and hence, he is not connected with the offences in question and no purpose would be served by his detention further.
Paul also argued that Kurbah was only an employee under the SS Net Com and was dealing mainly with the supply of manpower for the maintenance and up-keep of the premises and had otherwise no connection with the offences said to have been committed by the other persons; and no purpose would be served by his detention further.
War and Kurbah has been in custody from August 29.
The Counsel for the petitioner has also pointed out that the accused persons in the cognate matter carrying similar nature allegations, i.e., Laitumkhrah PS Case No. 134 (8) 2017, namely Amit Bhowmik, Raj Sohphoh, Naina Gurung and Pynshai Mawthoh have been granted bail by the Subordinate Court on 12.10.2017; and in yet other cognate matter, ie., Laitumkhrah PS Case No.135 (8) 2017, two accused persons namely Rijjo Joseph and Sweety Sutnga, were ordered to be released on bail by the Subordinate Court on 22.09.2017 and 25.09.2017.
The learned counsel has placed the copies of orders so passed on 12.10.2017 and 22.09.2017 before the Court for perusal and has submitted that the nature of allegation against the present petitioner are in no way different than those against the said Amit Bhowmik and Rijjo Joseph, who have already been granted bail.
The Public Prosecutor (PP) has duly opposed the bail application while placing the Case Diary before the Court for perusal. The PP would argue that the rackets unearthed in this matter are of wide import and implication; and as several of the accused persons are yet to be apprehended, releasing of the present petitioner may hamper the investigation.
PP has strenuously argued that the present petitioner does not deserve indulgence at least at this stage. However, it is not in dispute that the other accused persons in the cognate matters carrying similar nature allegations have already been ordered to be released on bail, including the persons said to be the owner/manager of the Call Centres in question.
By Our Reporter
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