Chhattisgarh High Court Allows Bail in Cyber Fraud Prosecution on Grounds of Parity and Long Detention

Background of the Bail Application

The Chhattisgarh High Court examined the first regular bail plea moved under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 by Applicant – Sandeep Khare. He had been arrested in connection with Crime No. 87/2023, registered at Police Station – Kirandul, District South Bastar Dantewada (Chhattisgarh).

The criminal case alleged commission of offences under:

  • Section 420 of the Indian Penal Code (IPC), and
  • Section 66(D) of the Information Technology Act.

The High Court was called upon to decide whether, in the circumstances of the case, the Applicant should be released on regular bail pending trial.

Alleged Cyber Fraud: Prosecution’s Version

Modus Operandi Described by the Prosecution

According to the prosecution, the complainant received a phone call from an unidentified individual who presented a sophisticated story about a parcel purportedly containing foreign currency. The caller allegedly:

  • Claimed that the parcel was stuck due to various regulatory and fiscal compliances, and
  • Demanded payment under multiple heads, such as:
    • Customs charges
    • Currency conversion fees
    • GST
    • Income tax
    • Other official levies

Believing these representations and the documents allegedly fabricated and sent in support of this narrative, the complainant was induced to transfer a substantial amount of money, including approximately ₹5,00,000.

Further Inducement and Opening of New Bank Account

The prosecution further alleged that:

  1. The complainant was persuaded to open a fresh bank account.
  2. He was asked to:
    • Share his new bank account details and debit card particulars, and
    • Delete all bank transaction messages from his mobile phone.

These steps were purportedly taken on the false assurance that RBI officials would legally route and credit the funds related to the parcel.

Escalation of Demand and Lodging of Complaint

When, despite repeated assurances, no remittance of the promised foreign currency was made and further demand of ₹50,00,000 was raised, the complainant realized that he had been duped. At this stage, he approached the police, resulting in:

  • Registration of Crime No. 87/2023
  • Invocation of Section 420 IPC and Section 66(D) of IT Act
  • Subsequent arrest of the Applicant and others alleged to be involved in the cyber fraud.

Applicant’s Arguments in Support of Bail

Plea of False Implication and Role of Co-Accused

On behalf of Applicant – Sandeep Khare, it was argued that:

  • He is innocent and has been wrongly implicated in the matter.
  • The bank account opened in his name was allegedly set up and operated by co-accused Aakash Bansal, who used the Applicant’s documents.
  • The Applicant:
    • Did not personally operate the said bank account, and
    • Was unaware of any transactions routed through it.

The defence emphasized that no recovery of the complainant’s funds or any incriminating amount had been made from the Applicant’s possession.

Flow of Funds as per Charge-Sheet