Court emphasizes lack of necessity for arrest during investigation; significant evidence already secured.
In a significant ruling, the Delhi High Court has granted regular bail to Raju Kumar Manjhi, an accused in a high-profile cyber fraud case, marking a pivotal moment in the ongoing legal proceedings. The case, involving an intricate cyber-fraud syndicate, had seen the Central Bureau of Investigation (CBI) file a charge-sheet against Manjhi and others for allegedly targeting Indian citizens through impersonation and extortion tactics.
The High Court, presided over by Justice Saurabh Banerjee, emphasized that the denial of bail solely based on ongoing investigations is not justified, especially when substantial documentary and electronic evidence has already been seized by the authorities. The court highlighted that the applicant was not arrested during the investigation phase and was taken into custody only after the charge-sheet was filed and cognizance was taken by the Magistrate.
During the proceedings, the court noted that other co-accused individuals, who were attributed with more significant roles in the syndicate, had already been granted bail. This played a crucial role in the court's decision to extend the same relief to Manjhi, ensuring his presence during the trial while imposing conditions to prevent any interference with the evidence.
The court outlined specific conditions for the bail, including the surrender of Manjhi's passport, regular reporting to the Investigating Officer, and restrictions on leaving the National Capital Territory of Delhi without prior court permission. These measures aim to ensure compliance with the judicial process while safeguarding the integrity of the ongoing investigation.
This case has drawn widespread attention due to the sophisticated nature of the alleged fraud, which involved impersonating law enforcement and courier agency personnel to intimidate victims into transferring large sums of money. The charge-sheet detailed the use of digital surveillance and proxy servers to execute the fraudulent transactions, with the investigation revealing links to internet activities traced back to Manjhi.
The court's decision underscores the balance between securing an accused's presence at trial and respecting their liberty when significant evidence has already been collected. As the case continues to unfold, the judicial precedent set by this ruling is likely to influence future bail considerations in similar cybercrime cases.
Bottom line:-
Regular bail granted to the accused in a cyber-fraud case, emphasizing that denial of bail solely on the ground of ongoing investigation is not justified when significant documentary and electronic evidence is already seized, and co-accused with comparatively significant roles have been granted bail.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Indian Penal Code, 1860 Sections 120B, 170, 419, 420, 343, 346, 388, Information Technology Act, 2000 Section 66D
Raju Kumar Manjhi v. Central Bureau of Investigation, (Delhi) : Law Finder Doc id # 2935685
