Mumbai, Maharashtra – August 17, 2022 – A 19-year-old student, Kumari Anchal Manoj Sharma, has been granted bail by the Sessions Court in Greater Mumbai in a case involving a significant cyber fraud. The court, presided over by Additional Sessions Judge Shri A.A. Kulkarni, took into account the applicant’s young age, student status, and seemingly limited role in the alleged crime, while emphasizing that further custodial interrogation was deemed unnecessary.

The case, registered as Crime No. 52/2022 at D.B. Marg Police Station, pertains to a cyber fraud where a complainant was duped of Rs. 45,477/-. The complainant reported receiving a call from an individual posing as a Bank of Baroda representative, who convinced her to share her One-Time Password (OTP) under the pretext of updating her Know Your Customer (KYC) details. Subsequently, the money was fraudulently withdrawn from her account.

During the investigation, police traced a portion of the defrauded amount, specifically Rs. 15,000/-, to Sharma’s account, which was credited through the online platform Freecharge. This discovery led to Sharma’s arrest, prompting her to file Criminal Bail Application No. 1879 of 2022.

Representing Sharma, Advocate Nawaz Usmani argued that his client, a student and part-time tutor, was merely a recipient of the funds and had no direct involvement in the fraudulent call or the subsequent withdrawal. He emphasized Sharma’s young age, lack of criminal antecedents, and her status as a student at Guru Nanak College of Arts, Science & Commerce. Usmani further contended that the police had seized Sharma’s mobile phone, the primary piece of evidence against her, and that further custodial interrogation was unwarranted.

The prosecution, represented by Learned APP Ms. Ratnavali Patil, opposed the bail application, citing the ongoing investigation and the discovery of transactions totaling Rs. 2,81,000/- from Sharma’s account. They raised concerns about potential interstate involvement and argued that Sharma’s release could hinder the investigation.

However, Judge Kulkarni, after considering the arguments from both sides and reviewing the case documents, ruled in favor of granting bail. He noted that the police had already seized Sharma’s mobile phone and collected transaction details, indicating that the material investigation concerning her was complete.

The court acknowledged Sharma’s age, student status, and lack of criminal history as mitigating factors. Judge Kulkarni stated, “Taking into consideration, age of applicant and her previous background that she is no having any criminal antecedents as well as document showing that she is student of Guru Nanak College of Arts, Science & Commerce. Therefore, in such circumstances, further custodial interrogation of applicant is not required.”

Sharma was granted bail on the following conditions:

• A personal bond of Rs. 25,000/- with one or two sureties of the same amount.
• Attendance at D.B. Marg Police Station when summoned by the Investigating Officer.
• Provision of her residential address proof and contact numbers to the Investigating Officer.
• A prohibition against influencing or threatening any witnesses.
• A prohibition against leaving India without prior court permission.
• Execution of the bail before the lower court.

The court’s decision underscores the judiciary’s consideration of individual circumstances, particularly age and student status, in bail matters. It also highlights the importance of balancing the need for investigation with the individual’s right to personal liberty. This case serves as a reminder of the growing prevalence of cyber fraud and the complexities involved in its investigation and prosecution.