Mumbai, May 3, 2024 – Niteshkumar Kapildev Mandal, a 26-year-old laborer from Jharkhand, has been granted bail by the Sessions Court for Greater Bombay in an online fraud case. Additional Sessions Judge S.M. Tapkire (Court Room No. 60) issued the order on April 29, 2024.

Mandal was arrested in connection with C.R. No. 152/2024, registered at the Pantnagar Police Station, for offenses under Sections 419 (cheating by personation) and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC)¹ and 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 on February 26, 2024, the complainant received two phone calls from Mandal’s number, falsely informing him about insurance charges on his IndusInd Bank credit card. Following the caller’s instructions, the complainant allegedly had Rs. 49,467 fraudulently transferred from his bank account.

Arguments Presented:

Advocate Samadhan Sulane represented Mandal, arguing that he was falsely implicated.

Special Public Prosecutors (SPPs) S.V. Kekanis and Manisha J. Parmar represented the State, opposing the bail and citing Mandal’s involvement, the transfer of fraud amounts into his account, and the ongoing investigation. They also emphasized that Mandal is a resident of Jharkhand, raising concerns about absconding.

Court’s Reasoning and Decision:

Judge Tapkire acknowledged the allegations and the rejection of Mandal’s bail plea by the trial court. However, the court noted that Mandal was arrested on March 30, 2024, from Jharkhand, and the allegedly siphoned amount of Rs. 49,467 had been seized from his father.

The court recognized the seriousness of the economic crime but also considered that the entire amount had been recovered. The court stated that Mandal’s residency in another state alone was not sufficient grounds for detention until the trial’s conclusion. The court believed that stringent conditions could address the concerns.

Bail Conditions:

Mandal was granted bail upon furnishing a personal bond of Rs. 1,00,000 and one or two solvent sureties of the same amount. The following conditions were imposed:

• Mandal must not tamper with prosecution witnesses or evidence.
• He must report to the Pantnagar Police Station every Monday between 11:00 a.m. and 5:00 p.m. until the charge sheet is filed.
• He must attend all trial dates without fail.
• He must not engage in any criminal activity.
• He must not leave India without prior permission from the trial court.
• He must provide his residential address proof and contact numbers to the police.
• He must comply with surety requirements before the trial court.
• The court directed that copies of the order be sent to the trial court and the Pantnagar Police Station.

Order Details:

The order was dictated on April 29, 2024, transcribed on April 30, 2024, and signed on May 2, 2024. The certified copy was uploaded on May 3, 2024, at 12:58 p.m.

This decision reflects the court’s consideration of the recovery of the defrauded amount, the imposition of stringent reporting conditions, and the need to balance the seriousness of the offense with the individual’s right to bail.