MUMBAI, INDIA – April 8, 2022 – The Sessions Court in Greater Bombay has rejected the bail application of Kaushal Krishnachandra Saha, accused of financial fraud and misuse of SIM cards. The court, presided over by Additional Sessions Judge M.A. Bhosale, denied bail in connection with C.R. No. 344/2021, registered at Marine Drive Police Station.

Saha, a 23-year-old manager from Murshidabad, Calcutta, is charged under sections 419 (cheating by personation) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC),¹ as well as sections 66(c) (identity theft) and 66(d) (cheating by personation by using computer resource) of the Information Technology Act.²

The prosecution’s case is based on a complaint filed by Ashok Basak, a 70-year-old retired IAS officer. Following the complaint, Saha was arrested and remanded to judicial custody. His subsequent bail application before the Magistrate Court was also rejected.

Defense counsel Sunil Pandey argued that sections 419 and 420 of the IPC are not applicable in conjunction with sections 66(c) and 66(d) of the Information Technology Act, citing various Supreme Court and High Court judgments. He also claimed that no incriminating material was recovered from Saha, and that he was falsely implicated in the crime. Pandey emphasized that Saha, a manager, was willing to cooperate with the police and provide bail. He also stated that Saha has no prior criminal record.

The prosecution, represented by APP Erande, opposed the bail application, arguing that serious offenses were registered against Saha and that the investigation was ongoing. They highlighted the need to recover the involved property and pointed out that Saha, being a resident of Calcutta, posed a flight risk.

API Bhandari, present in court with the case diary, informed the court that Saha was involved in creating bogus Jio SIM cards using other people’s thumb impressions. The investigation also revealed that Saha used 14 bank accounts to receive funds after making fraudulent phone calls. The API stressed that the investigation was ongoing and that releasing Saha on bail could lead to him absconding.

Judge Bhosale, after reviewing the submissions and case diary, noted that the investigation was ongoing and that the investigating officer had seized nine bogus SIM cards. The investigation also revealed the use of multiple bank accounts for fraudulent transactions. While the court acknowledged the defense’s argument regarding the applicability of IPC sections alongside the IT Act sections, it stated that this would be decided during the trial.

Considering the seriousness of the alleged offenses and the ongoing investigation, the court concluded that there were no grounds to exercise judicial discretion in favor of Saha’s bail application. Consequently, the bail application was rejected.

This case highlights the growing concern over financial fraud and the misuse of technology for criminal activities. The court’s decision underscores the importance of ongoing investigations and the need to prevent potential flight risks in such cases. The public and legal observers will continue to monitor the development of this case as it progresses through the judicial system.