Cyber Crime Threatens ‘Digital Bharat’, Factors Like Gravity Of Offence Must Be Evaluated Before Granting Bail: P&H High Court
The Punjab & Haryana Excessive Court docket has mentioned that whereas adjudicating the bail pleas, in instances regarding cybercrimes and on-line fraud, necessitates a “meticulous analysis of a number of pivotal components” and warrants a heightened diploma of judicial circumspection.
The Court docket made the observations whereas rejecting an accused’s anticipatory bail plea after discovering a prima facie case in opposition to him in cyber crime involving Rs.25 lakhs.
Justice Sumeet Goel in his order mentioned, “whereas adjudicating the bail pleas, significantly in instances regarding cybercrimes and on-line fraud, necessitates a meticulous analysis of a number of pivotal components. Paramount amongst these is the inherent gravity and seriousness of the offence, coupled with its potential societal ramifications.“
The Court docket elucidated that the “proliferation of on-line frauds and cybercrimes poses a major risk”, because it systematically erodes public confidence in digital monetary transaction platforms.
It highlighted that, “Such erosion runs counter to the aspirations of a sophisticated and digitally empowered “Digital Bharat” and thus warrants a heightened diploma of judicial circumspection.”
“These offences are characterised by their capability to aggrieve a large number of victims concurrently, usually with a single act of fee,” the Court docket remarked.
It added that the gravity of such transgressions can’t, subsequently, be understated. “They not solely jeopardize the monetary safety and belief reposed by people in monetary cost gateways and platforms but additionally inherently expose the broader populace to analogous threats. Certainly, cybercrime in our nation operates akin to a silent virus — insidious, disruptive, and exacting a toll on society that extends far past mere pecuniary loss, encompassing the bedrock of belief, safety, and nationwide progress.”
The Court docket was listening to anticipatory bail plea in FIR registered for the offences punishable below Sections 318(4) of BNS, at Police Station Cyber Police Station, Narnaul.
In keeping with the grievance, Rs 25 lakhs had been withdrawn from complainant’s joint account with out his information.
Counsel for the petitioner-accused submitted that the alleged fraudulent transactions happened on or earlier than August 31, 2024, whereas the complainant lodged the grievance on the Cyber Portal solely on September 3 and no believable clarification has been supplied for this delay, which casts doubt on the veracity of the grievance.
He added that the moment FIR has been registered in opposition to unknown individuals and the petitioner has not been named as an accused within the FIR and therefore there may be not direct allegations made in opposition to him.
As per the stand of the State, the petitioner seems facilitated the fraudulent exercise by allowing the usage of his checking account. Moreover, in the course of the course of investigation, a sum of Rs.10 lakh was transferred into Union Financial institution Account, which is registered within the identify of the petitioner-accused.
After listening to the submissions, the Court docket famous that, prima facie, it emerges from the file that the petitioner, in connivance with co-accused, is alleged to have been concerned within the fee of cyber monetary fraud in opposition to the complainant.
It opined that the investigation factors in direction of the lively complicity of the petitioner within the alleged offence.
The decide noticed that, the character and gravity of the offence, involving organized cybercrime and monetary deceit, necessitate an intensive investigation, which, at this stage, can’t be performed with out the petitioner being in custody.
Contemplating the inherent nature and profound gravity of such offenses, and their wide-ranging cascading results on each society and monetary establishments, Justice Goel disinclined to grant the reduction of anticipatory bail as prayed for.
“To do in any other case could be to show a Nelson’s eye to the profound and far-reaching detrimental affect of those digital depredations. At this stage, there isn’t a materials on file to carry that prima facie case is just not made out in opposition to the petitioner. The fabric which has come on file and preliminary investigation, seem like established an inexpensive foundation for the accusations,” it added.
Consequently, the plea for anticipatory bail plea was declined.
Mr. G.S. Thind, Advocate for the petitioner.
Mr. Gurmeet Singh, AAG Haryana.
