Mumbai, February 3, 2024 – The Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) rejected the bail application of Z Ali Mohammed and Naushadali A S in connection with a Rs. 28.43 lakh cyber fraud case registered at North Region Cyber Police Station (C.R. No. 97/2023). The court cited the ongoing investigation, the involvement of the accused in facilitating the fraud, and their potential flight risk as reasons for denying bail.
Background of the Case:
Z Ali Mohammed and Naushadali A S, residents of Karnataka and Andhra Pradesh, were arrested for allegedly being involved in a cyber fraud case where the complainant was cheated of Rs. 28.43 lakhs. The complainant alleged that she was lured with promises of part-time jobs and was asked to perform tasks related to Google Map reviews and cryptocurrency investments. The case was registered under Sections 120(B) (criminal conspiracy), 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), 465 (forgery), 467 (forgery of valuable security,1 will, etc.), and 471 (using as genuine a forged document or electronic record) of the Indian Penal Code (IPC)2 and Sections 66(C) (identity theft) and 66(D) (cheating by personation by using computer resource) of the Information Technology Act,3 2000.
Arguments Presented:
Advocates Rohan Sawant and Tehzib J. Kazmi, representing the applicants, argued that their clients were falsely implicated and had already undergone custodial interrogation. They emphasized that the investigation was completed and that there was no reason to keep them in custody until the trial concluded. They also highlighted that their clients were permanent residents of their given addresses.
Additional Public Prosecutor (APP) Iqbal Solkar, representing the State, opposed the bail application. He argued that releasing the accused would affect the collection of evidence, that they posed a flight risk, and that they could threaten prosecution witnesses and tamper with evidence.
Court’s Reasoning and Decision:
Judge Sasne, after reviewing the application, the State’s reply, and the documents on record, noted that the applicants were arrested on November 23, 2023. The court also observed that Rs. 6 lakhs of the defrauded amount was credited to Z Ali Mohammed’s account and that Naushadali had asked Z Ali Mohammed to open the account and hand over the passbook, chequebook, debit card, and mobile SIM card.
“The reply of the prosecution shows that out of the fraud amount Rs.6 lakhs were credited in the account of the applicant Z Ali Mohd. It is also revealed that applicant No.2 Naushadali has asked applicant No.1 Z Ali Mohd. to open bank account and to handover passbook, chequebook, debit card and mobile Sim Card to Naushadali – applicant No.2,” Judge Sasne stated in his order.
The court also noted that Z Ali Mohammed had facilitated the opening of four other bank accounts for Mr. Zuher @ Sayyed Abbas and that the account holders were paid Rs. 10,000 for this.
“During investigation it is also revealed that applicant Z Ali Mohd. made other four persons to open such type of account in the bank and to allow one Mr. Zuher @ Sayyed Abbas of Alipur, Chikballapura, Bangalore to use these account. It is also revealed that for that purpose of opening of such bank account and for it use the account holders were paid Rs.10,000/-,” Judge Sasne stated.
The court considered the ongoing investigation, the pending recovery of the defrauded amount, and the technical nature of the cyber fraud.
“Investigation in the offence is not yet completed. Recovery is pending. It is a Cyber fraud. It requires detail and technical investigation,” Judge Sasne stated.
The court also expressed concern about the applicants’ residency outside Mumbai and the possibility of them fleeing or tampering with evidence.
“Both the applicants are resident of Karnataka State / Andhra Pradesh. … They are not local resident, they are from Andhra Pradesh. There is substance in the contention of the prosecution that the accused will flee away from the justice and will not be available for further investigation,” Judge Sasne stated.
Consequently, the court rejected the bail application of Z Ali Mohammed and Naushadali A S.
Implications and Significance:
This ruling highlights the court’s consideration of the accused’s involvement in facilitating cyber fraud and their potential flight risk in bail matters. The decision underscores that even if the accused claims innocence and permanent residency, bail can be denied if there is evidence of their involvement in the offense and a risk of them fleeing or tampering with evidence.
The court’s concern about the ongoing investigation and the technical nature of cyber fraud also reflects a cautious approach, ensuring that the investigation is not compromised and that the accused are available for further proceedings.
The order was dated February 1, 2024, and signed and uploaded on February 3, 2024, at 5:17 p.m.