Mumbai, March 20, 2024 – Niranjan Pradeep Kumar, a 22-year-old resident of Kerala, has been granted bail by the Sessions Court for Greater Bombay in a cyber fraud case. Additional Sessions Judge Dr. S.D. Tawshikar (Court Room No. 10) issued the order on March 18, 2024.
Kumar was arrested in connection with C.R. No. 14 of 2024, registered at the Marine Drive Police Station, for offenses under Sections 170 (personating a public servant), 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property),1 465 (forgery), 467 (forgery of valuable security)2 read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and Section 66(D) of the Information Technology Act, 2000.
Background and Allegations:
The case involves a cyber fraud where the complainant, Virendra Sevantilal Shroff, received anonymous calls from individuals impersonating customs and police officers. They threatened him with allegations of contraband and money laundering, inducing him to transfer Rs. 3,50,000 to a bank account provided by the callers.
The prosecution alleged that Kumar was actively involved in various cyber offenses and that a SIM card registered in his mother’s name was linked to the bank account of a co-accused. They also alleged that Kumar’s mobile number was linked to email IDs of another co-accused.
Arguments Presented:
Advocate Bhushan Deshmukh, representing Kumar, argued that he was arrested on February 20, 2024, and had been in custody since then. He cited the fact that a co-accused, Amaljit, had already been granted bail by the same court. He argued that the investigation against Kumar was practically complete, the alleged amount involved was relatively small (Rs. 3,50,000), and the complainant’s allegations seemed unrealistic. He also emphasized that Kumar is a young man with no criminal antecedents.
Additional Public Prosecutor (APP) Ajit Chavan, representing the State, opposed the bail, arguing that Rs. 45,000 from Kumar’s bank account was transferred to a co-accused, that Kumar had traveled to Dubai before the offense, and that further investigation was pending.
Court’s Reasoning and Decision:
Judge Tawshikar noted that Kumar had been in police custody for four days and then remanded to judicial custody, providing sufficient opportunity for interrogation. He also acknowledged that a co-accused had already been granted bail.
Considering the nature of Kumar’s involvement and the fact that the investigation was largely complete, the court found his further detention unwarranted.
Bail Conditions:
Kumar was granted bail upon furnishing a personal bond of Rs. 25,000 with one or two sureties of the same amount. The following conditions were imposed:
- Kumar must not tamper with prosecution evidence.
- He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
- He must provide documents proving his identity, residence, email ID, and active phone number.
- He must notify the police station of any changes to his address or mobile number.
- He must not commit any criminal act while on bail.
- Breach of any condition will result in cancellation of bail.
- Bail to be furnished before the Trial Court.
Order Details:
The order was dictated on March 18, 2024, transcribed on March 19, 2024, corrected on March 19, 2024, and signed on March 20, 2024. The certified copy was uploaded on March 20, 2024, at 2:00 p.m.
This decision highlights the court’s consideration of parity with co-accused, the completion of interrogation, and the imposition of conditions to ensure Kumar’s compliance with the legal process.