“Bombay High Court Rejects Anticipatory Bail in Exam Cheating Scam, Emphasizes ‘Custodial Interrogation is Necessary’”

In a significant bail order, the Bombay High Court, presided over by Justice Amit Borkar, rejected an anticipatory bail application in a case involving an exam cheating scam. The Court emphasized that “custodial interrogation is necessary to unfold such type of offence” [Para 11].

The applicant sought anticipatory bail for offences under Section 420 of the Indian Penal Code and various sections of the Information Technology Act, 2018. The case revolves around a scam where remote access was gained to computers to help students cheat in exams, followed by demands for money [Para 1, 2].

Justice Borkar noted that the material on record, including WhatsApp chats and diary entries, indicated payments made to the applicant. The Court also highlighted the importance of cooperation with the investigation, stating that it “includes providing accurate and complete information, full disclosure, and transparency” [Para 6-9].

The initial application for anticipatory bail was rejected by the Sessions Court, leading the applicant to file the present application as an appeal [Para 3]. The applicant claimed to be falsely implicated and argued that there was no material connecting him to the alleged offence [Para 4].

The prosecution built its case on prima facie evidence, including WhatsApp chats and diary entries, which indicated payments made to the applicant [Para 5-6].

The High Court cited a previous Apex Court ruling, stating that “custodial interrogation is qualitatively more elicitation oriented” and is of “tremendous advantage in disintering many useful informations and also materials which would have been concealed” [Para 10].

The Court concluded that the applicant failed to make out grounds for anticipatory bail and therefore, the application was rejected [Para 11].

Date of Decision: AUGUST 11, 2023

Kumar Kunal  vs The State of Maharashtra