Mumbai, March 21, 2024 – Piyush Arjan Bhai Kunjadia, a 28-year-old resident of Surat, Gujarat, has been granted bail by the Sessions Court for Greater Bombay in a cyber fraud case. Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on March 19, 2024.
Kunjadia was arrested in connection with C.R. No. 26/2023, registered at the Cyber Police Station, North Region, for offenses under Sections 420 (cheating), 419 (cheating by personation), 468 (forgery for purpose of cheating), 465 (forgery), 467 (forgery of valuable security, will, etc.), 471 (using as genuine a forged document or electronic record),1 and 120(B) (criminal conspiracy) of the Indian Penal Code (IPC), and2 Sections 66(C) (identity theft) and 66(D) (cheating by personation using computer resource) of the Information Technology Act, 2000.
Background and Allegations:
The prosecution alleged that the complainant received a Telegram message offering a part-time job, which led to her being induced to deposit various amounts, resulting in a loss of Rs. 21,39,076. Kunjadia, the proprietor of Khodal Creation, is alleged to have a beneficiary bank account in Yes Bank where Rs. 2,55,000 was transferred. His email ID is also reportedly linked to this bank account.
Arguments Presented:
Advocate Dhananjay Singh, representing Kunjadia, argued that he was falsely implicated, had undergone custodial interrogation, the investigation was complete, he had no criminal antecedents, and was a permanent resident of his given address.
Additional Public Prosecutor (APP) Iqbal Solkar, representing the State, opposed the bail, arguing that it would affect evidence collection, increase the risk of Kunjadia fleeing, and create opportunities for him to threaten witnesses and tamper with evidence.
Court’s Reasoning and Decision:
Judge Sasne reviewed the FIR and the complainant’s statement. He noted that Kunjadia was arrested on December 27, 2023, and had been in custody for approximately two and a half months. The court also observed that the investigation related to Kunjadia appeared to be complete.
The court concluded that imposing reasonable conditions to ensure Kunjadia’s presence would be sufficient and that further incarceration was unwarranted.
Bail Conditions:
Kunjadia was granted bail upon furnishing a personal bond and surety bond of Rs. 25,000 with one or two sureties. The following conditions were imposed:
- Kunjadia must not tamper with prosecution evidence or witnesses.
- He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
- He must attend the Cyber Police Station, North Region, on the 1st and 4th Saturday of every month until the charge sheet is filed.
- He was granted provisional cash bail of Rs. 25,000, and he must furnish surety within four weeks, failing which the cash bail will be forfeited.
- He must not leave India without prior permission from the court.
- Bail to be furnished before the Magistrate.
Order Details:
The order was dictated and transcribed on March 19, 2024, and signed on March 21, 2024. The certified copy was uploaded on March 21, 2024, at 5:48 p.m.
This decision reflects the court’s consideration of the completion of the investigation, the length of Kunjadia’s custody, and the imposition of conditions to ensure his cooperation and prevent potential interference with the legal process.