Court Dismisses Bail Pleas of Accused Involved in Rs. 22.92 Crore Digital Arrest Scam, Citing Ongoing Investigation
In a significant development, the Delhi High Court, presided over by Justice Manoj Jain, has dismissed the bail applications of four individuals accused in a sophisticated cyber fraud and digital arrest scam. The accused are charged with duping a senior citizen, Naresh Malhotra, out of Rs. 22.92 crores. The court underscored the societal impact of the organized crime and the need for a thorough investigation, which is currently being spearheaded by the Central Bureau of Investigation (CBI).
The scam involved coercing the victim through impersonation and psychological manipulation. Malhotra was initially contacted by fraudsters posing as Airtel officials, who later impersonated CBI officers, threatening him with arrest for alleged involvement in a bank fraud. Under sustained psychological pressure, Malhotra made multiple transfers to various accounts, including a significant sum of Rs. 1.90 crores to an account linked with M/s Hyrocial Facility Management Private Limited.
The court took into account the coordinated nature of the conspiracy, which involved mule accounts, WhatsApp communications, and the use of digital platforms to execute the fraud. Despite the filing of a charge sheet against some of the accused, the court emphasized that the investigation is still underway, with the cheated amount yet to be recovered.
Justice Jain noted that the accused, including Ashok Kumar and Mohit, played crucial roles in the conspiracy and could not be considered peripheral players. The court highlighted that the digital evidence in such cases is fragile and could be easily manipulated, reinforcing the need for custodial interrogation to unearth the entire conspiracy.
The court also referenced the Supreme Court's observations on the need for specialized investigations in digital arrest scams, particularly those targeting senior citizens. The CBI has been designated as the primary agency to handle such cases.
The decision to deny bail is also supported by the involvement of other accused who remain at large, and the potential risk of tampering with evidence or influencing the ongoing investigation. The court concluded that granting bail at this stage could hamper the investigation and the pursuit of justice.
Bottom Line:
Bail applications for accused involved in a complex cyber fraud and digital arrest scam dismissed, considering their critical role in the conspiracy and the ongoing investigation by CBI.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 308, 318(4), 319, 340; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 35(3)
Ashok Kumar v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2886888
