Delhi court grants bail to accused in cyber fraud case

Sep 13, 2024

New Delhi [India], September 13 : Delhi's Rohini court has recently granted bail to a man accused of selling financial details of customers to fraudsters who allegedly use this to defraud credit card holders. This case pertains to an FIR registered at Cyber Police Station.
Additional Sessions Judge (ASJ) Shefali Sharma granted bail to accused Kshitij Raghuvanshi on furnishing of bail bond for a sum of Rs 50,000 with two sureties of the like amount.
While granting bail, the court noted the only allegation against the accused connecting him in the present offence is that four pages of screen shots regarding the customer information had been taken by the accused, Manish, from the laptop of the applicant for some money.
The court said, "The Investigation qua the present applicant is however complete and charge-sheet has been filed. No other recovery of any electronic evidence or other evidence has to be effected from the applicant. There is no previous involvement of the applicant. He is a boy of young age."
"There is no beneficial favour which the applicant might have taken allegedly for exchange of information which has been brought forth. There are no details of any merchant investigation which have been procured by the Investigation Officer (IO)," the court observed.
The court also noted that there is no cheated amount from any customer, which the IO has been able to show went into the account of the applicant.
The court held that the screen shots of the customer information, if any, were taken by the applicant himself or by the co-accused Manish from the laptop of the applicant is a matter of trial and cannot be decided at this state, especially when the IO has failed to interrogate the co-accused Manish till date.
"It is impressed upon that the area ACP/SHO monitors the investigation in the present case, especially because a number of customers are involved," the court said in the order dated September 10.
Advocate Shilpesh Chaudhary, along with Himanshu Yadav, appeared for the accused and argued that the accused is an innocent person and he has been falsely implicated in the present case.
It was also argued that the accused has been in judicial custody since July 8, 2024. The accused is working as Area Manager in Bajaj Alliance, Bareilly (Uttar Pradesh) and has been awarded the best employee of the company continuously for three years.
The accused fully cooperated with the IO. The investigation of the present case is complete, and a chargesheet has been filed after the investigation. The complainant, Nikhil Chhatarwal, a resident Rohini, lodged a complaint at the NCRP portal on February 6, 2024, which was received at the Cyber Police station regarding online financial fraud.
It was stated that RBL Bank received numerous complaints from various customers wherein their mobile numbers and email IDs were changed in bank records without their knowledge.
It was observed that the calls were received from a non-registered mobile number on the credit card account, wherein the caller introduced himself as a customer.
Further, the caller asked them to update a new mobile number and email ID in the credit card accounts.
Thereafter, the new mobile number got updated in bank records as per process after validating the OTP through IVR, which was sent to the customer's old registered mobile number. On the same day, new mobile numbers were updated in the captioned RBL Bank Credit Card accounts.