Mumbai, March 30, 2022 — A sessions court in Greater Mumbai today rejected the bail application of Abhishek Madan Pal, 24, an alleged accomplice in a cyber fraud case involving the debit of over Rs. 1.20 lakh from a victim’s credit card. The court of Additional Sessions Judge R.J. Katariya denied bail, citing the serious nature of the offense and the applicant’s alleged involvement.
Pal, a resident of Thane and Delhi, was arrested on February 20, 2022, in connection with Crime Register (C.R.) No. 627 of 2021 registered at N.M. Joshi Marg Police Station. The charges against him fall under Sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), and Sections 66(C) (punishment for identity theft) and 66(D) (punishment for cheating by personation by using computer resource) of the Information Technology Act, 2000.
Prosecution’s Case
According to the prosecution, the complainant, Vinod Prabhakar Panchal, received a call from a woman identifying herself as “Priya” from the SBI credit card branch. The caller allegedly offered to assist Panchal with canceling his credit card insurance. Under this pretext, she obtained his CVV number and One-Time Password (OTP). Subsequently, an amount of Rs. 1,20,087.54 was debited from his credit card in three separate transactions.
An FIR was lodged against an unknown person, and during the course of the investigation, Abhishek Madan Pal was identified and apprehended from Delhi.
Arguments in Court
Mr. A.N. Das, the learned advocate representing the applicant, argued that Pal was falsely implicated and had been in custody since February 20, 2022. He contended that no purpose would be served by keeping him incarcerated and that Pal was innocent, had no connection to the alleged offense, and was willing to abide by any conditions imposed by the court for bail. It was also highlighted that his bank account had been frozen by the Investigating Officer.
However, Ms. Ashwini Rayakar, the learned Additional Public Prosecutor (APP) for the State, vehemently opposed the bail application. She submitted that the investigation had revealed Pal’s direct involvement in the crime, noting that the amount debited from the informant’s account was credited to Pal’s bank account. The APP further stated that the investigation was still in its initial stages, and Pal’s custody was obtained from the Delhi police, indicating a wider reach of the alleged criminal activity. She also pointed out that the applicant had a criminal record, raising concerns that his presence would not be easily secured if released on bail.
Court’s Decision
After hearing both sides, Judge Katariya perused the FIR and observed the serious nature of the offense. The court acknowledged that the informant was defrauded by a caller who deceptively obtained sensitive banking information, leading to a significant financial loss. The judge noted that the investigating agency had found involvement of the applicant during the ongoing investigation.
Considering the gravity of the offense and the alleged involvement of Abhishek Madan Pal, the court concluded that he was not entitled to be released on bail at this stage. Consequently, Bail Application No. 637 of 2022 was rejected and disposed of.
The decision was pronounced on March 30, 2022, just eight days after the bail application was presented. The case underscores the challenges faced by law enforcement in tackling increasingly sophisticated cyber fraud schemes and the judiciary’s firm stance on such offenses.