The Punjab and Haryana High Court has dismissed the anticipatory bail plea of a woman accused of extorting approximately Rs 6 crore through cyber sextortion. Posing as a Dubai-based air hostess employed with an international airline, she allegedly lured the complainant into a relationship via social media and threatened to circulate his sexually explicit photographs and videos.
Court's Observations on Economic Offences
Justice Sandeep Moudgil observed that economic offences involving large-scale financial loss not only harm the individual victim but also undermine public confidence in financial and digital transactions. The court held that such offences stand on a distinct footing, given their potential to erode trust in digital ecosystems.
The FIR was registered on January 21 under the Bharatiya Nyaya Sanhita at Sector-53 police station in Gurugram. The prosecution argued that the case was not a simple monetary dispute but a well-planned, sustained course of conduct extending over a considerable period.
Nature of Allegations
The court noted that the complainant was allegedly lured into a relationship through false representations on social media, subjected to emotional manipulation, and coerced into making repeated monetary transfers under threats of disseminating sexually explicit content. “The allegations prima facie reveal elements of cyber-enabled fraud, impersonation, sextortion, criminal intimidation and organized financial exploitation,” Justice Moudgil observed.
The seriousness of the offence was further aggravated by the abuse of electronic platforms and threats calculated to exploit the victim's fear of social stigma and reputational harm. The court emphasized that such cases require thorough investigation to uncover the complete modus operandi.
Need for Custodial Interrogation
Rejecting the contention that custodial interrogation was unnecessary due to documentary evidence, the court noted that the investigation was still in progress. The prosecution asserted that custodial interrogation was essential for tracing the money trail, identifying other involved persons, recovering the defrauded amount, and unearthing the full conspiracy.
Justice Moudgil stated that in cases of organized cyber fraud with transactions across multiple accounts, the investigating agency must be afforded adequate opportunity to investigate the larger conspiracy and ascertain each participant's role.
Rejection of Gender-Based Argument
The petitioner argued that being a woman entitled her to anticipatory bail, but the court dismissed this contention. “Merely because the petitioner is a woman would not, by itself, entitle her to the discretionary relief of anticipatory bail when the allegations disclose active involvement in the commission of serious offences involving large-scale financial gain and exploitation of the victim through threats and coercion,” the court observed.
The court also rejected the argument that the case fell under the seven-year imprisonment threshold, noting that the Supreme Court's safeguards do not create an absolute bar against arrest. Their applicability depends on the facts and circumstances of each case.
Conclusion
Dismissing the petition, the High Court concluded that given the nature and gravity of the accusations, the magnitude of the alleged amount, the manner of commission, and the requirement for effective investigation, no exceptional circumstance existed for granting anticipatory bail. The court underscored that large-scale economic offences affect public confidence in digital transactions, necessitating stringent judicial scrutiny.
