Mumbai, August 10, 2022 – Patrick Eneugwu Chekwube, a Nigerian national, has been granted bail by the Sessions Court in Mumbai in connection with a cyber fraud case. Chekwube was arrested in connection with Crime No. 23/2021, registered at Cyber Police Station – Central Region, 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)² read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), Section 66(C)(D) of the Information Technology Act, Section 14 of the Foreigners Act, and Section 12(1)(C),(1A)(b) of the Indian Passport Act.

The Allegations

According to the complainant, Purushottam Sharandhar, he received an email from Dr. Kartus Norman, purportedly from London, requesting a chemical called Fizone Digest for vaccine manufacturing. Sharandhar was asked to deposit a total of Rs. 12,84,000 in the bank account of Sharma Enterprises. The police arrested Chekwube and another person, Pavaskar, in connection with the case.

Chekwube’s Defense and Arguments

Mr. Tushar Lavhate, representing Chekwube, argued that there was no direct evidence linking his client to the receipt of any money by cheating. He stated that Chekwube was a victim and had no relation with the other accused. He also argued that the investigation was complete and requested bail.

Prosecution’s Objections

Ms. Ratnavali Patil, the Additional Public Prosecutor (APP), opposed the bail application, arguing that Chekwube was a foreign national residing temporarily in Panvel, New Mumbai, and that he might abscond if released.

Court’s Observations and Decision

Additional Sessions Judge A.A. Kulkarni considered the submissions and the documents on record, including the charge sheet filed by the applicant. The court noted that there was no prima facie nexus between the transactions made by the complainant and Chekwube. The court also observed that no money from the complainant was shown to have been transferred to Chekwube.

“On perusal of entire statement and documents collected during investigation, prima facie no nexus found between transaction done by informant and other accused. It is alleged that applicant is residing in Panvel, New Mumbai and having nexus with Alex Arinje and with such communication he is implicated in this case as accused. No amount from informant is shown to have transferred to present applicant,” Judge Kulkarni stated in the order.

The court acknowledged the allegations against Chekwube regarding a forged passport and illegal residence, but stated that these would have to be decided during the trial. The court also noted that the other accused in the case had been released on bail.

“Therefore, in such circumstances, keeping applicant behind bar for further indefinite period is not required. By taking care of interest of prosecution about presence of applicant during trial, by imposing conditions he may be released on bail,” Judge Kulkarni stated.

Bail Conditions

Chekwube was granted bail on a personal bond of Rs. 2,00,000 with one or two sureties of the same amount. The court imposed the following conditions:

• Chekwube must attend the Cyber Police Station – Central Region office on written notice from the Investigating Officer and cooperate with the investigation.
• He must furnish his residential address proof and contact numbers to the Investigating Officer.
• He must deposit his passport with the concerned trial court.
• He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
• He must not leave India without prior permission from the court.
• Bail before the Lower Court.

Key Points

• Cyber Fraud: The case involved allegations of cyber fraud and cheating.
• Lack of Direct Evidence: The court noted the lack of direct evidence linking Chekwube to the receipt of money.
• Foreign National: Chekwube is a Nigerian national, which the court considered a potential flight risk.
• Passport Deposit: Chekwube was ordered to deposit his passport with the trial court.
• Police Cooperation: He was ordered to cooperate with the police investigation.
• Other Accused Bailed: The court considered that other accused in the case was already granted bail.
• Information Technology Act: The case involved offenses under the Information Technology Act.
• Foreigners Act and Passport Act: The case also involved offenses under the Foreigners Act and the Indian Passport Act.