Mumbai, Maharashtra – March 14, 2024 – Sahil Surendra Chhabara, a 21-year-old service worker from Indore, Madhya Pradesh, has been granted bail by the Sessions Court for Greater Bombay in connection with an online trading fraud case registered at the D.B. Marg Police Station.

Background of the Case:

Chhabara was arrested and charged under Sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code¹ (IPC) and Section 66D (cheating by personation by using computer resource) of the Information Technology² Act, in connection with C.R. No. 25/2024.

The prosecution alleged that Chhabara and co-accused defrauded the complainant, Chirag Jayantilal Ashar, of Rs. 4,73,477 through a fake online international trading scheme promoted on Facebook and WhatsApp.

Arguments Presented:

Chhabara, through his advocate Tabassum B.A. Khan, argued that:

• He had recently joined the services of Abhayjeet Singh Gill, who opened a bank account in Chhabara’s name for salary deposits.
• His employer used the account without his knowledge or consent.
• He was unaware of the fraudulent transactions.
• The entire amount was seized by the police, and he did not withdraw any money.
• The offense under Section 66D of the IT Act is bailable, and Section 420 of the IPC is punishable with imprisonment up to seven years.
• He had been in custody since February 7, 2024.
• He had no criminal antecedents and was a victim of the crime.

The prosecution, represented by Additional Public Prosecutor (APP) Ranjana Budhwant, argued that:

• Two mobile phones and four debit cards were seized from Chhabara.
• Chatting found on his mobile phone indicated that he sent different bank account details to Abhayjeet Singh in the WhatsApp group.
• This suggested that he had knowledge of the use of his bank account and colluded with Abhayjeet Singh.

Court’s Decision and Rationale:

Additional Sessions Judge N.P. Tribhuwan granted bail to Chhabara. The court considered the following factors:

• Active Role: The court acknowledged that Chhabara appeared to have played an active role in the commission of the crime.
• Length of Custody: Chhabara had been in jail since February 10, 2024.
• Documentary Evidence: The evidence was primarily documentary in nature.
• Punishment for Offenses: Section 420 of the IPC is punishable with imprisonment up to seven years, and Section 66D of the IT Act is punishable with imprisonment up to three years.
• Lack of Criminal Antecedents: Chhabara had no criminal antecedents.
• Recovery of Devices: The instruments and devices used in the crime were recovered from Chhabara.

The court concluded that considering these factors, the nature of the offense, the allegations, and the recovery of devices, Chhabara could be admitted to bail.

Bail Conditions Imposed:

The court granted bail to Sahil Surendra Chhabara on the following conditions:

• Personal Bond and Surety: He must execute a personal bond of Rs. 25,000 with one or more sureties of the same amount.
• No Tampering with Witnesses: He must not tamper with any prosecution witnesses, directly or indirectly.
• Cooperation with Investigation: He must cooperate with the investigation and make himself available for interrogation whenever required.
• Police Station Attendance: He must remain present at the D.B. Marg Police Station every Wednesday between 10:00 AM and 1:00 PM until the charge sheet is filed.
• No Misuse of Liberty: He must not misuse his liberty.
• Address and Contact Information: He must furnish his detailed address and mobile number to the investigating officer and the court, and inform them of any changes.
• Bail Execution: The bail must be executed before the trial court.

Significance of the Decision:

This decision highlights the court’s consideration of the length of custody, the nature of the evidence, and the recovery of devices when determining bail applications in online fraud cases. The court also balanced the rights of the accused with the need to ensure cooperation with the investigation and prevent any tampering with evidence by imposing stringent conditions. The fact that all devices were recovered, and the evidence was documentary, were major factors in the court granting bail.