Mumbai, May 4, 2024 – Pooja Deepak Bandwar, a 26-year-old woman from Nagpur, has been denied bail by the Sessions Court for Greater Bombay in a cyber fraud case. Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on April 30, 2024.
Bandwar was arrested in connection with C.R. No. 4/2024, registered at the Cyber Police Station, Central Division, Mumbai, for offenses under Sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document1 or electronic record), and 120-B (criminal conspiracy) of the Indian Penal Code2 (IPC), and Section 66(D) (cheating by personation using computer resource) of the Information Technology Act, 2000.
Background and Allegations:
The prosecution alleged that the complainant, Kawaljit Surendrasingh Kaur, was duped of Rs. 50,41,597 after receiving WhatsApp and Telegram messages offering part-time work and investment opportunities. During the investigation, it was discovered that Rs. 5 lakhs of the defrauded amount was credited to a Yes Bank account belonging to Bandwar.
Arguments Presented:
Advocate Harshali Bhavsar, representing Bandwar, argued that she was falsely implicated, arrested on mere suspicion, had no criminal antecedents, had undergone custodial interrogation, and the investigation was complete. She claimed that Bandwar only received commission for the use of her account and was not involved in the crime.
Additional Public Prosecutor (APP) Iqbal Solkar, representing the State, opposed the bail, arguing that Bandwar’s release would hamper the investigation, increase the risk of her fleeing, and create opportunities for her to threaten witnesses and tamper with evidence.
Court’s Reasoning and Decision:
Judge Sasne reviewed the documents and heard the arguments. He noted that Rs. 5 lakhs of the defrauded amount was credited to Bandwar’s bank account, and she admitted to receiving Rs. 1 lakh. The court also observed that the investigation was ongoing and that Bandwar’s role was different from that of co-accused Vinay Mishra, making parity inapplicable.
The court concluded that Bandwar was actively involved in the alleged offense, had knowledge of her bank account’s use for fraudulent transactions, and received money from the main accused. The court expressed concern that her release would hamper the ongoing cyber fraud investigation, which required technical expertise, and lead to tampering with evidence.
Order Details:
The bail application was rejected and disposed of. The order was dictated on April 30, 2024, transcribed on May 2, 2024, and signed on May 3, 2024. The certified copy was uploaded on May 4, 2024, at 2:21 p.m.
This decision reflects the court’s consideration of Bandwar’s alleged active involvement, the ongoing investigation, and the potential for her release to hinder the investigation and tamper with evidence.