In an application filed before the Delhi High Court seeking anticipatory bail regarding a First Information Report (FIR) for the commission of offences under Section 308/318(4)/319/340 of the Bharatiya Nyaya Sanhita, 2023 (BNS), a Single Judge Bench of Justice Girish Kathpalia denied anticipatory bail, considering the scale of the cyber fraud and need for custodial interrogation.
The applicant was involved in a financial fraud whereby the complainant was cheated of Rs. 1,04,49,999/-, and the said amount was transferred to the bank accounts of business entities with which the applicant was connected. Out of the cheated amount, Rs. 50,00,000/- was transferred to the ICICI bank account of the business entity run by the applicant. The applicant contended that he himself was a victim of fraud, as someone had used his bank account, asserting that he had lost his SIM card and had lodged a police complaint for the same.
In the complainant’s statement, he described how he was put under pressure on the pretext that his landline was being used for illegal activities and was thereafter instructed to connect to someone through WhatsApp who claimed to be a Sub-Inspector. The complainant was threatened with arrest and was asked to transfer different amounts to four bank accounts, one of which belonged to a company, namely Smartplan Media Pvt. Ltd., of which the applicant was the proprietor.
The Court stated that the extent and nature of the alleged offence and the legal character of the relationship between the applicant and Smartplan Media Pvt. Ltd. had to be ascertained. The prosecution’s contention that there were six more complainants of similar cyber frauds linked with the same bank account, wherein Rs. 2,34,00,000/- was also credited after the transfer of Rs. 50,00,000/-. Hence, the Court permitted the investigating agency’s request for custodial interrogation.
Considering the scale of the cyber fraud, the Court denied the applicant anticipatory bail.
Appearances:
For Petitioner – Mr. Lakshit Chaudhary, Mr. Sarthak Udaipuria
For Respondents – Mr. Amit Ahlawat (APP)
