High Court of Uttarakhand Denies Bail in Online Fraud Case, Cites Risk of Repeat Offenses

Nature of offense leaves no doubt about risk of repeat offenses if released, says Justice Ravindra Maithani

The High Court of Uttarakhand at Nainital has rejected the first bail application filed by Mohammad Iqbal, accused in an online fraud case. The decision, handed down by Hon’ble Justice Ravindra Maithani on May 24, 2024, emphasized the seriousness of the allegations and the potential risk of reoffending if the applicant were released on bail.

Mohammad Iqbal, currently in judicial custody, is implicated in Case Crime No. 08 of 2023, under Sections 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code (IPC), and Section 66-D of the Information Technology Act, 2000. The case involves an online fraud scheme where the informant was lured into investing money through WhatsApp and subsequently defrauded of Rs. 13,11,900/-. Part of this amount was deposited into the applicant’s bank account.

Evidence and Investigation:
The prosecution provided substantial evidence suggesting that Iqbal was aware of and involved in the fraudulent activities. Key testimony came from Vinod Kumar, the Branch Manager of the bank where Iqbal held his account. Kumar noticed unusual transactions and questioned Iqbal, who initially claimed the funds were related to his business. This claim contradicted Iqbal’s later assertion that his account had been misused by a friend without his knowledge.

“According to the Branch Manager, it is he who noted a large number of transactions in the applicant’s account and called him. The applicant gave an excuse that it is the money pertaining to his business and he is transmitting the money in the account of his sister,” the court noted [Paras 5-7].

Justice Maithani emphasized that the nature of the offense and the evidence presented left no grounds to grant bail. The court acknowledged the potential for Iqbal to reoffend if released, given the serious allegations and the manner in which the fraud was conducted.

“It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial or in any other proceedings,” noted Justice Maithani [Para 6].

“The nature of the offense is such that this Court has no doubt that if released, there are immense chances of repeat offenses,” Justice Maithani stated emphatically [Para 8].

The High Court’s decision to deny bail underscores the judiciary’s stance on serious cybercrimes and the importance of preventing potential repeat offenses. By rejecting the bail application, the court has set a precedent on the treatment of similar cases, stressing the necessity of deterring cybercrimes through stringent judicial measures.

Mohammad Iqbal vs State of Uttarakhand 

Date of Decision: May 24, 2024