Mumbai, March 12, 2024 – Abhishek Santosh Tupe, a 21-year-old student from Aurangabad, has been granted bail by the Sessions Court for Greater Mumbai in connection with an online fraud case registered at the North Region Cyber Police Station. Additional Sessions Judge Rajesh A. Sasne allowed Tupe’s bail application (Criminal Bail Application No. 299 of 2024), citing the completion of the investigation and the applicant’s young age.
Tupe was arrested on November 24, 2023, in connection with Crime Register No. 64/2023, which involves charges under sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), 465 (forgery), 467 (forgery1 of valuable security, will, etc.), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document or electronic record) of the Indian Penal2 Code (IPC), as well as sections 66(C) (identity theft) and 66(D) (cheating by personation by using computer resource) of the Information Technology Act,3 2000.
Prosecution’s Case:
According to the prosecution, the complainant was induced to transfer ₹15,06,000 between June 11, 2023, and June 14, 2023, after receiving messages from known individuals offering part-time online jobs involving YouTube-like tasks. The complainant did not receive the promised returns or the invested amount, leading to the filing of the complaint.
Defense Arguments:
Tupe’s advocate, M. N. Shaikh, argued that his client was innocent and falsely implicated. He emphasized that Tupe had cooperated with the custodial interrogation and that no further recoveries were pending. He also highlighted that Tupe was a permanent resident of his given address and that there was no reason to keep him in custody.
Prosecution’s Objections:
The prosecution, represented by Additional Public Prosecutor (APP) Iqbal Solkar, opposed the bail, arguing that there was a risk of Tupe fleeing justice and tampering with witnesses if released.
Court’s Decision:
Judge Sasne, after reviewing the application, the prosecution’s reply, and the submitted documents, noted that the charge sheet had already been filed and the investigation against Tupe appeared to be complete. The court also considered Tupe’s young age (21 years) and the fact that no further recoveries were pending.
The court stated that further incarceration of Tupe was not warranted and that reasonable conditions securing his presence would suffice.
Conditions of Bail:
Judge Sasne granted Tupe bail on the following conditions:
- Tupe must furnish a personal bond (P.B.) and a surety bond (S.B.) of ₹25,000 with one or two sureties.
- He must not tamper with prosecution witnesses or evidence.
- He must regularly attend court hearings unless exempted.
- He is prohibited from leaving India without prior court permission.
- The accused has four weeks to provide the surety, or the cash bail will be forfeited.
- Provisional cash bail of the same amount was allowed.
- Bail must be executed before the concerned Magistrate.
The court concluded that imposing reasonable conditions would secure Tupe’s presence and ensure a fair trial.