Mumbai, February 21, 2024 (Greater Bombay Sessions Court): The Additional Sessions Judge, Dr. Shri S. D. Tawshikar, presiding over Court No. 10 at the Sessions Court for Greater Bombay, has granted bail to Santosh Than Singh, an accused in a cyber fraud case registered at the Cuffe Parade Police Station. The order, dated February 20, 2024, allows Singh’s release on bail under Section 439 of the Code of Criminal Procedure (CrPC) in connection with C.R. No. 251 of 2023.
The accused, Santosh Than Singh, residing in Uttar Pradesh, was implicated in the case involving offenses punishable under Sections 384 (extortion), 465 (forgery), 466 (forgery of record of Court or public register, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document or electronic record), 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), and Sections 66 (c) (identity theft) and 66 (d) (cheating by personation by using computer resource) of the Information and Technology Act, 2000 (IT Act).
According to the prosecution, the present applicant, Santosh Than Singh, worked as a Commission Agent who facilitated the opening of fake bank accounts and provided them for fraudulent activities. It was alleged that Singh would withdraw amounts received in these accounts and transfer them to other accused involved in cyber fraud. Singh was apprehended red-handed while accepting the delivery of a Debit Card sent to him by a witness, Ms. Taramati Gadashi. The prosecution claimed that the investigation had yielded sufficient material to link Singh to the alleged offenses.
Advocate Mr. Vipin Kumar Mishra, representing the applicant, argued that his client’s role in the alleged offense was limited to accepting a Debit Card. He submitted that no money obtained through the alleged fraud was received by Singh from the complainant or any other party. Mishra also pointed out that Singh’s email ID and mobile number were not used in the commission of the offense, and no recoveries were made from him. He further emphasized that Singh had been in custody since December 30, 2023, and the police had already availed the 14 days of police custody. With the chargesheet already filed and the alleged offenses being triable by a Magistrate, the applicant was ready to abide by any conditions imposed by the court, leading to a plea for allowing the bail application.
Conversely, Additional Public Prosecutor Mr. Ajit Chavan strongly opposed the bail, citing various grounds in the prosecution’s reply. Investigating Officer Mr. Amit Devkar (Cyber Officer) explained Singh’s alleged role, stating that Ms. Taramati Gadashi had informed the police about Singh contacting her and requesting a Debit Card after opening an account in Canara Bank. Following this information, the police instructed Ms. Gadashi to open the account and send the Debit Card to Singh under surveillance. The Debit Card was couriered to Singh in Noida, Uttar Pradesh, where he was apprehended upon accepting the delivery. His mobile phone allegedly contained communication with other accused regarding providing bank accounts for illegal transactions.
After considering the arguments and the case records, Additional Sessions Judge Dr. S. D. Tawshikar noted that the applicant had been incarcerated since December 30, 2023, providing ample opportunity for investigation, which was now complete with the filing of the chargesheet. While acknowledging the prosecution’s material prima facie indicating Singh’s involvement, the court also considered that Singh had not received any of the defrauded money, and no recoveries were made from him. With the trial likely to take considerable time and the alleged offenses being triable by a Magistrate, the court deemed further detention of the applicant as unduly harsh and unreasonable.
Exercising the powers under Section 439 of the CrPC, the court granted bail to Santosh Than Singh with the following conditions:
ORDER
A] The Criminal Bail Application No. 380 of 2024 is allowed.
B] The applicant Santosh Than Singh be released on bail in connection with C.R. No. 251 of 2023, registered with Cuffe Parade Police Station, Mumbai for the offenses punishable under sections 384, 465, 466, 468, 471, 419, 420 r/w section 34 of the Indian Penal Code, 1860 and Sections 66 (c) and 66 (d) of the Information and Technology Act, 2000, on his executing a P. R. of ₹25,000/- (Twenty-five thousand only) along with one or more sureties in a like amount, on the following conditions:
i) Applicant shall not move out of India during the pendency of the trial without prior permission of the trial Court.
ii) Applicant to visit Cuffe Parade Police Station for the purpose of investigation with respect to co-accused, as and when called by the Investigating Officer on written intimation.
iii) Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to tamper with the evidence.
iv) Applicant shall furnish two documents as proof of his current as well as permanent residence with his active phone number to the concerned police station within 7 days after his release from the jail.
v) Applicant shall not commit any criminal act while on bail.
C] Breach of any condition shall entail the consequences of the cancellation of the bail.
D] Bail before the learned Trial Court.
E] The Bail Application is disposed of accordingly.
The order was dictated and transcribed on February 20, 2024, and signed on February 21, 2024, by Additional Sessions Judge Dr. S. D. Tawshikar. This decision allows Santosh Than Singh’s release from custody upon fulfilling the stipulated conditions, while the legal proceedings in the cyber fraud case continue.