Mumbai, March 21, 2024 – Muzammil Mainuddin Talikoti, accused in an online fraud case registered at Trombay Police Station, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge A.S. Salgar (Court Room No. 24) issued the order on March 19, 2024.
Talikoti was arrested in connection with C.R. No. 62/2024, which alleges offenses under Sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code1 (IPC), and Sections 66(C) (identity theft) and 66(D) (cheating by personation by using computer resource) of the Information Technology Act,2 2000.
Background and Arguments:
According to the prosecution, an FIR was lodged against an unknown person who allegedly lured the complainant with promises of commission for part-time work from home. The complainant was induced to deposit Rs. 3,65,540 into an account, with assurances that the entire amount would be returned. However, no amount was returned, leading to the registration of the FIR.
Talikoti’s name emerged during the investigation. His defense, presented by Advocate Swati Acharya, argued that he was falsely implicated and that there was no substantial evidence against him. She pointed out that only Rs. 16,000 was transferred into Talikoti’s account, which was later returned by his wife to the complainant. The defense also highlighted that the investigation was nearly complete, and Talikoti had no prior criminal record.
The prosecution, represented by Additional Public Prosecutor (APP) O.S. Maraskolhe, opposed the bail application, arguing that Talikoti might commit similar offenses, influence witnesses, and abscond if released.
Court’s Reasoning and Decision:
Judge Salgar, after reviewing the FIR and the investigation officer’s report, noted that Talikoti had admitted to receiving Rs. 16,000, which was subsequently returned. The court also observed that no incriminating material was recovered from Talikoti. Given that the alleged offense is triable by a Metropolitan Magistrate and Talikoti had no prior criminal record, the court found that his continued detention would serve no purpose and would amount to pre-trial conviction.
Bail Conditions:
Talikoti was granted bail upon furnishing a personal bond of Rs. 25,000 with one or more sureties of the same amount. The following conditions were imposed:
- Talikoti must attend the concerned police station every Sunday between 11:00 a.m. and 1:00 p.m. until the charge sheet is filed.
- He must not commit similar offenses.
- He and his sureties must provide their residential addresses, mobile numbers, and email addresses to the investigation officer and inform them of any changes.
- He must not directly or indirectly influence witnesses or tamper with evidence.
- He must not leave India without prior permission from the trial court.
- Breach of any condition will result in the cancellation of his bail.
The court also allowed a provisional cash bail of Rs. 25,000 for four weeks to allow Talikoti time to furnish the required surety.
Order Details:
The order was dictated on March 19, 2024, transcribed on March 20, 2024, and signed on March 21, 2024. The certified copy was uploaded on March 21, 2024, at 2:15 p.m.
This decision underscores the court’s approach to balancing individual liberty with the need to ensure fair investigation and trial, particularly in cases where the accused has no prior criminal record and the alleged offense is triable by a Magistrate.