The Delhi High Court has granted bail to three persons accused of duping a seller on an online marketplace, stating that while online cheating and fraud have become rampant, it cannot remiss in performing its duty of upholding liberty.

Justice Subramonium Prasad warned the three accused not to indulge in the same offence again and ordered that their bail would be subject to furnishing bail bonds of Rs 25,000 with the two sureties of the like amount.

The judge stated that since the investigation was complete and the charge sheet stood filed, no useful purpose would be served by keeping the petitioners in further custody.

“This court is aware that this kind of online cheating and fraud have become rampant in most parts of the country. However, this court cannot remiss in performing its duty, that is to uphold liberty subject to other relevant considerations,” the court said in its order dated December 13.

“Since the investigation has been completed and the charge sheet has been filed before the learned trial court and taking into account the evidence are primarily documentary in nature, this court, therefore, is of the opinion that no useful purpose will be served by further keeping the petitioners in custody,” it added.

The court directed the petitioners to report to the police station concerned twice in a week and not tamper with evidence or influence the witnesses.

The court also asked the petitioners to give all their mobile numbers to the investigating officer and keep them operational at all times.

In the present case, the complainant alleged that she had uploaded certain articles for sale on an online platform but was duped by the petitioners into transferring Rs 34,000 to them through online payment mode.

After the registration of an FIR, charge sheet was filed against the petitioners for the alleged commission of several offences under the Indian Penal Code, including forgery, and Section 66D (cheating by personation by using computer resource) of the Information & Technology Act, 2000.

The trial court had rejected the petitioners' bail applications on the ground that they were accused of embezzlement and used clever devices to cheat many innocent persons on the internet.

The prosecution opposed the bail applications before the high court, saying that petitioners are accused of executing the crime in a very organised way and the charge of forgery prescribes a punishment of 10 years extending up to life imprisonment.

The court was informed that the petitioners created bank accounts giving false details in order to evade arrest and purchased SIM cards in fictitious names which were used to defraud and cheat gullible people who sold and purchased goods from the internet.

The prosecution added that the petitioners did not just defraud the present complainant but many other persons and the same was being investigated.

The complainant also opposed the bail applications and submitted that online fraud has become widespread in north India whereby many innocent people have been cheated.

The petitioners sought bail on the grounds that they have been in custody for 10 months and their further custodial interrogation was not required.

Courtesy: PTI

The Delhi High Court has granted bail to three persons accused of duping a seller on an online marketplace, stating that while online cheating and fraud have become rampant, it cannot remiss in performing its duty of upholding liberty.

Justice Subramonium Prasad warned the three accused not to indulge in the same offence again and ordered that their bail would be subject to furnishing bail bonds of Rs 25,000 with the two sureties of the like amount.

The judge stated that since the investigation was complete and the charge sheet stood filed, no useful purpose would be served by keeping the petitioners in further custody.

“This court is aware that this kind of online cheating and fraud have become rampant in most parts of the country. However, this court cannot remiss in performing its duty, that is to uphold liberty subject to other relevant considerations,” the court said in its order dated December 13.

“Since the investigation has been completed and the charge sheet has been filed before the learned trial court and taking into account the evidence are primarily documentary in nature, this court, therefore, is of the opinion that no useful purpose will be served by further keeping the petitioners in custody,” it added.

The court directed the petitioners to report to the police station concerned twice in a week and not tamper with evidence or influence the witnesses.

The court also asked the petitioners to give all their mobile numbers to the investigating officer and keep them operational at all times.

In the present case, the complainant alleged that she had uploaded certain articles for sale on an online platform but was duped by the petitioners into transferring Rs 34,000 to them through online payment mode.

After the registration of an FIR, charge sheet was filed against the petitioners for the alleged commission of several offences under the Indian Penal Code, including forgery, and Section 66D (cheating by personation by using computer resource) of the Information & Technology Act, 2000.

The trial court had rejected the petitioners' bail applications on the ground that they were accused of embezzlement and used clever devices to cheat many innocent persons on the internet.

The prosecution opposed the bail applications before the high court, saying that petitioners are accused of executing the crime in a very organised way and the charge of forgery prescribes a punishment of 10 years extending up to life imprisonment.

The court was informed that the petitioners created bank accounts giving false details in order to evade arrest and purchased SIM cards in fictitious names which were used to defraud and cheat gullible people who sold and purchased goods from the internet.

The prosecution added that the petitioners did not just defraud the present complainant but many other persons and the same was being investigated.

The complainant also opposed the bail applications and submitted that online fraud has become widespread in north India whereby many innocent people have been cheated.

The petitioners sought bail on the grounds that they have been in custody for 10 months and their further custodial interrogation was not required.

Courtesy: PTI