Mumbai, May 4, 2024 – Syed Ali Mohiuddin Makki’s bail application has been rejected by the Sessions Court for Greater Bombay in an online fraud case. Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on April 29, 2024.

Makki was arrested in connection with C.R. No. 3/2024, registered at the Cyber Police Station, Central Region, Mumbai, for offenses under Sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), 465 (forgery), 467 (forgery¹ of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine² a forged document or electronic record), and 120-B (criminal conspiracy) of the Indian Penal Code³ (IPC), and Section 66(D) (cheating by personation by using computer resource) of the Information Technology Act, 2000.

Background and Allegations:

The complainant, Kashyap Kalpesh Thakkar, reported that on November 16, 2023, he received a WhatsApp message offering a part-time job with commission for online tasks. He was induced to transfer Rs. 10,30,000 to various bank accounts for these tasks. Investigation revealed that Makki’s bank account was used in the fraud.

Arguments Presented:

• Applicant’s Argument (Makki):
  • He is innocent and falsely implicated.
  • He has undergone custodial interrogation.
  • The investigation is completed.
  • He is the sole earning member of his family.
  • He has no criminal antecedents.
  • He is a permanent resident of Hyderabad.
  • He allowed Mr. M.D. Raazi from Hyderabad to use his bank account and received commission for it.
• Prosecution’s Argument:
  • Makki’s bank account was used in the fraud.
  • His release could lead to him fleeing from justice, threatening witnesses, or tampering with evidence.
  • M.D. Raazi is yet to be arrested.
  • The investigation is still in progress.

Court’s Reasoning and Decision:

Judge Sasne considered the arguments and the evidence. The court noted:

• Makki’s bank account was used in the fraud with his consent and knowledge.
• He accepted commission for allowing his account to be used.
• He did not raise objections to the large transactions in his account.
• He assisted the principal accused in the fraud.
• The investigation is ongoing.
• Makki is a resident of Hyderabad, and there is a risk of him fleeing if released on bail.

Therefore, the court rejected the bail application.

Order Details:

The order was dictated on April 29, 2024, transcribed on May 2, 2024, and signed on May 3, 2024. The certified copy was uploaded on May 4, 2024, at 2:45 p.m.

This decision reflects the court’s consideration of the use of Makki’s bank account in the fraud, his acceptance of commission, the ongoing investigation, and the risk of him fleeing from justice.