Delhi High Court: In an application filed by the applicant-accused seeking pre-arrest bail in alleged digital fraud of Rs 1,75,00,000, a Single Judge Bench of Amit Mahajan, J., while dismissing the same, held that such serious crimes of digital manipulation were on the rise and involved intricate methods and multiple communication devices to mislead unsuspecting victim which required thorough investigation. The Court stated that such a requirement ought not to be curtailed by granting a pre-arrest bail considering how difficult it had gotten to crack such cases due to the boon of technology misuse.
Background
In the present case, an FIR was registered against unknown persons under Sections 419, 420, 467, 468, 471, 170, 120-B and 34 of the Penal Code, 1860 and Sections 66-C and 66-D of the Information Technology Act, 2000 alleging that they impersonated as Police Officers to extort Rs 1,75,00,000 from the complainant under the garb of fake Court orders. The complainant was made to believe that a sim card had been bought by using his Aadhar card and that the same was misused to send inappropriate messages. He was also threatened that he allegedly had links with the owner of Jet Airways who was involved in money laundering and that the said owner sent money to the complainant regularly.
Further, video call conversations were also made by them in police uniforms, and a set-up police station was also shown to the complainant. He had also received documents which indicated that they were issued by the Supreme Court as well as the CBI. He was asked to share details of his identification, photograph, account details, and was also asked to transfer all his money to their bank accounts. Further, WhatsApp as a medium was used to serve notices and upon analysis, it transpired that the chats originated from Singapore.
The accused contended his innocence and argued that the only evidence against him was the disclosure statement of the co-accused persons which did not suffice to implicate him. Per contra, the respondent stressed that the recovery of the SIM card used for facilitating communications was in the possession of the accused.
Analysis and Decision
The Court stated that because the investigation was currently at a nascent stage, the considerations governing the grant of pre-arrest bail were materially different than those to be considered while adjudicating application for grant of regular bail as in the latter case, the accused was already under arrest and substantial investigation was carried out by the investigating agency. The Court emphasized that pre-arrest bail could not be granted in a routine manner as the power to grant the same was extraordinary in nature.
Considering the alleged digital manipulation causing financial loss of Rs 1,75,00,000, the Court specified that the allegations were serious where complex technological mechanisms were employed to defraud gullible victims by using multiple communication devices to mislead them. The Court opined that such crimes were on the rise, and the same were significantly harder to crack due to the boon of technology that was effectively misused by crooks to wreak havoc and evade the law enforcement and the task of the Investigating Agency seemed arduous, and they needed to be given a fair play in the joints to investigate the matter in the manner they deem appropriate. Further, the Court emphasized that the matter required thorough investigation which ought not to be curtailed by passing an order granting pre-arrest bail.
Accordingly, the Court dismissed the application and stated that prima facie facts did not indicate false implication of the accused.
[Mohit v. State (NCT of Delhi), BAIL APPLN. No. 3721 of 2025, decided on 25-9-2025]
Advocates who appeared in this case:
For the Applicant: Ashutosh Singh, Anubhav Singh & Bhupender Singh, Advs.
For the Respondent: Naresh Kumar Chahar, APP for the State. Insp. Shiv Dev, IFSO/ Special Cell
Buy Penal Code, 1860 HERE
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