Mumbai, Maharashtra – July 22, 2022 – Nandu Ashokkumar Sahu’s bail application has been rejected by the Additional Sessions Judge Dr. A.A. Joglekar in Mumbai. Sahu was arrested for allegedly creating a fake Facebook account impersonating the Chief Justice of the Bombay High Court. The court cited the gravity of the offense and the evidence against Sahu as reasons for denying bail.

The case, registered as C.R. No. 45 of 2021 at the South Region Cyber Police Station, involves charges under Sections 419 (cheating by personation), 468 (forgery for purpose of cheating), 469 (forgery for purpose of harming reputation), and 471 (using as genuine a forged document¹ or electronic record) of the Indian Penal Code² (IPC), and Section 66(D) (cheating by personation by using computer resource) of the Information Technology Act.

The complainant, Advocate Vinod Prakash Sangvikar, received a suspicious friend request on Facebook. Upon verifying the account with the Principal Private Secretary (PPS) to the Hon’ble Chief Justice, it was confirmed that the account was fake. Mr. Ajay Losarwar, the PPS, then reported the matter to the DCP Cyber Crimes, BKC, Mumbai.

During the investigation, the cyber police traced the fake account to Sahu, a resident of Padmpur, District Bargadh, Odisha, and subsequently arrested him.

Sahu’s lawyer, Mr. H.P. Wadje, argued that his client was falsely implicated and arrested based on suspicion. He pointed out that the offenses, except for Section 468 of the IPC, were bailable and that the FIR lacked specific allegations of cheating or forgery. He cited precedents like Motiram and others versus State of Madhya Pradesh and Arnesh Kumar versus State of Bihar and another to support his argument for bail, focusing on the quantum of punishment under the invoked sections.

The prosecution, represented by Ld. A.P.P. Mr. Anand Sukhdeve, opposed the bail application, highlighting the seriousness of creating a fake account impersonating the Chief Justice. They presented evidence indicating that Sahu had used a specific mobile number to create the account, which was registered in his name, and that the mobile phone and SIM card had been seized. The prosecution also expressed concerns about Sahu absconding or tampering with evidence and indicated the possibility of additional charges being filed.

Judge Joglekar, after examining the case records, concluded that there was prima facie evidence against Sahu. The court noted that Sahu had admitted to creating the fake Facebook account and that the mobile number used for the account was registered in his name. The judge emphasized the seriousness of impersonating a high-ranking official and the lack of a satisfactory explanation from Sahu.

The court also considered that Sahu’s bail application had been rejected by the magistrate court and that he had failed to present any substantial change in circumstances to warrant bail. Judge Joglekar stated, “Undoubtedly, the Applicant/accused has created a fake Facebook account and that too in the name of the Hon’ble Chief Justice of the Bombay High Court. There is no explanation with regard to the said fact from the Applicant/accused.”

Therefore, the court rejected Sahu’s bail application, citing the gravity of the offense, the evidence against him, and the lack of compelling reasons to grant bail.