Chandigarh Court Grants Regular Bail in High-Profile Digital Arrest Scam Case
A district court in Chandigarh has granted regular bail to Rajasthan resident Mahinder Kumar, who was implicated in a sophisticated digital arrest scam that defrauded a victim of Rs 15 lakh. The order was passed by Sessions Judge H S Grewal, who directed the accused to furnish a bail bond of Rs 50,000 along with a surety of the same amount.
Details of the Digital Arrest Scam and Investigation
According to the First Information Report (FIR), the complainant, identified as Sunita, informed police that she received a call from an unknown number. The callers falsely claimed that a parcel sent to Iran in her name contained illegal narcotics and other prohibited substances. The fraudsters allegedly intimidated her by warning of severe legal consequences, pressuring her into transferring Rs 15 lakh from her bank account to various accounts.
During the subsequent investigation, police discovered that Rs 10 lakh from the defrauded amount was deposited into the bank account of Mahinder Kumar. The remaining Rs 5 lakh was transferred to accounts belonging to Rajasthan residents Jai Prakash Mehra and Poonam Chand, both of whom had previously been granted bail in this case.
Legal Arguments and Court Proceedings
During the bail hearing, Mahinder Kumar's defense counsel, Swaraj Arora, argued that his client had been falsely implicated in the case. The defense presented crucial evidence showing that in her statement before a magistrate, the complainant had stated Mahinder Kumar was actually her relative and the money transfer was for legitimate business purposes.
The defense further submitted that the complainant admitted she filed the digital arrest complaint at someone else's behest and that her entire Rs 15 lakh had been returned to her. An affidavit from the complainant confirming these facts was placed before the sessions court. Acting on court directions, the investigating officer conducted an inquiry and verified that the complainant's money had indeed been fully returned.
Opposing the bail application, government counsel maintained that the accused, along with others, was involved in a major cyber fraud operation against the complainant and therefore should not receive bail privileges.
Court's Rationale for Granting Bail
After hearing extensive arguments from both sides, Sessions Judge H S Grewal noted several key factors in the decision to grant bail. The court observed that the co-accused in the case had already been granted bail previously. Additionally, the judge emphasized that the question of criminal liability would ultimately be determined during the full trial proceedings.
The court also made the significant observation that keeping the accused in judicial custody indefinitely was not justified under the circumstances, particularly given that the complainant's money had been returned and she had provided statements suggesting the accused might have been falsely implicated.
Bail Conditions Imposed by the Court
While allowing bail, the court imposed several strict conditions on Mahinder Kumar:
- Cooperate fully with the ongoing investigation
- Refrain from tampering with evidence or influencing witnesses
- Not leave the country without prior court permission
- Appear before the court on all scheduled hearing dates
Mahinder Kumar had been in judicial custody since his arrest in connection with the digital arrest scam and was finally released on Friday following the court's favorable decision. This case highlights the growing challenge of sophisticated cyber fraud schemes while demonstrating the judicial system's careful balancing of individual rights with the need for thorough investigation.
