Bhaskar Yadav Vs Directorate of Enforcement (Delhi High Court)
Delhi High Court held that merely because investigator [Enforcement Directorate] doesn’t want to arrest the accused, it cannot be said that the accused is entitled to anticipatory bail. Accordingly, anticipatory bail application in cyber fraud dismissed.
Facts- The CBI registered two cases for offence u/s. 120B read with Section 420 IPC and Section 66C and 66D of the Information Technology Act, and for offence u/s. 403 read with 120B IPC and Section 420 IPC and Section 66D of the Information Technology Act. According to the said RCs, large scale laundering and siphoning off of public money was being carried out by duping innocent citizens in the name of investments and part-time jobs, etc. The money received in primary accounts was siphoned off into various other accounts located across the country. The proceeds of frauds were found to have been layered across multiple mule bank accounts in the country followed by encashing of the same through overseas ATMs, primarily in Dubai or by uploading on overseas fintech platforms mainly through PYYPL using Visa and Master Cards issued by Indian banks. PYYPL provides an internationally accepted Master Card and is regulated by Abu Dhabi Global Market Financial Services Regulatory Authority.
