Mumbai, March 5, 2024 – Sunil Ramlalji Khatik, a resident of Rajasthan, has been granted 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 March 1, 2024.
Khatik was arrested in connection with C.R. No. 73/2023, registered at the North Region Cyber Police Station, Mumbai, for offenses under Sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), 465 (forgery), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document or electronic record), and 120(B) (criminal conspiracy) of the Indian Penal Code (IPC), and Sections 66(C) (identity theft) and 66(D) (cheating by personation by using computer resource) of the Information Technology Act.
Background and Allegations:
The complainant, Saminini Naidu, reported being duped of Rs. 13,60,000 between May 23 and May 29, 2023, by an unknown person posing as an employee of Genesis BCW Limited. The fraudster offered her a part-time job involving liking and reviewing YouTube videos for commission. Subsequently, between May 29 and June 6, 2023, she was further duped of Rs. 5,10,000 through fraudulent Bitcoin account trading.
During the investigation, it was revealed that funds from Naidu’s account were transferred to multiple bank accounts. Khatik’s role was identified as the user of a mobile handset with a SIM card connected to a bank account used to receive the defrauded money.
Arguments Presented:
Advocate Lalit Mali, representing Khatik, argued that his client was falsely implicated and had fully cooperated with the investigation. He emphasized that Khatik had been in custody since January 8, 2024, had undergone custodial interrogation, and that no further recovery was pending. He also highlighted that Khatik was a permanent resident of his given address.
Additional Public Prosecutor (APP) Iqbal Solkar opposed the bail, arguing that Khatik’s release would hinder evidence collection and that there was a risk of him absconding or tampering with witnesses.
Court’s Reasoning and Decision:
Judge Sasne noted that the investigating officer confirmed that no further recovery was pending from Khatik and that his mobile handset, containing images of his PAN and Aadhaar cards, had already been recovered.
The court also considered the role of co-accused Mangalsingh, who had been granted bail earlier. The court observed that Mangalsingh’s role was more significant than Khatik’s. Based on the principle of parity and the lack of pending recovery, the court decided to grant bail to Khatik.
Bail Conditions:
Khatik was granted bail upon furnishing a personal bond and surety bond of Rs. 25,000 each. The following conditions were imposed:
- Khatik must not tamper with prosecution witnesses or evidence.
- He must regularly attend the concerned police station on the 1st and 4th Saturday of every month between 11:00 a.m. and 2:00 p.m. until the charge sheet is filed.
- He must furnish surety within four weeks of his release, failing which his provisional cash bail will be forfeited.
- He must not leave India without prior permission from the court.
- Bail to be furnished before the concerned Magistrate.
Order Details:
The order was dictated on March 1, 2024, transcribed on March 2, 2024, and signed on March 5, 2024. The certified copy was uploaded on March 5, 2024, at 5:40 p.m.
This decision reflects the court’s consideration of the lack of pending recovery, the principle of parity, and the imposition of conditions to ensure Khatik’s compliance with the legal process.