Serious Offences Implicating National Security: Delhi High Court Denies Bail To Man Allegedly Involved In Cyber Fraud Pertaining To Fake Matrimonial Profiles

The Delhi High Court while denying bail to a man accused of allegedly being involved in a cyber fraud pertaining to creation of fake matrimonial profiles and morphed digital identities observed that it is a serious matter implicating national security.

The Court was considering a Bail Application in an FIR registered for offences punishable under Sections 420, 419, 170, and 34 of the Indian Penal Code, 1860.

The single bench of Justice Shalinder Kaur observed, "The possession of forged identity documents and the usage of fake passports to create and operate online aliases are serious offences implicating national security and law enforcement. The investigation has also shown that identical bank account details, IP addresses, and personal identifiers were found across multiple devices seized from the petitioner and his associates, thereby prima facie discredit any assertion of coincidence or mistaken identity.."

The Applicant was represented by Advocate Sushma Sharma while the Respondent was represented by Additional Public Prosecutor Meenakshi Dahiya.

Facts of the Case

The genesis of the case lies in a complaint lodged by one woman who alleged that she was cheated of ₹55,900/- by a man who claimed to be a Canada resident and doctor who came into her contact through the matrimonial website. On investigation, it was revealed that in the bank account in which the said amount was transferred, amounts from various different places were also received and the amounts deposited were withdrawn almost immediately through an ATM on different dates, or transferred to some other accounts through electronic modes.

It was further revealed that all the related accounts showed a pattern of immediate cash withdrawals or electronic transfers and the matrimonial profile was deactivated within a span of one month. Further investigation led to the arrest of the accused who disclosed that he entered India on a Student Visa and resided with one person, who taught him to create fake matrimonial profiles and dupe people. The Petitioner admitted involvement in the cheating and named other associates. More arrests were made and the accused were found to have operated through 26 bank accounts and used 15 mobile phones, 20 SIM cards, two laptops, and four dongles in the commission of crime. An FIR was thus lodged.

It was further revealed that similar FIRs had been registered against the accused across multiple jurisdictions and that the accused were alleged to be part of an organized racket targeting victims in India and abroad through fake profiles, impersonation, and psychological manipulation through social media. In view of this, Charges were framed against the Petitioner under Sections 419, 420, 467, 468, 471, 170, 120B, and 34 of the Indian Penal Code, Section 66D of the Information Technology Act.

Counsel for the Petitioner submitted that the Petitioner is not a beneficiary of the alleged proceeds of crime and none of the bank accounts into which the cheated funds were transferred stand in his name or have been linked to him. It was contended that merely being present at a particular location or residing with other co-accused, without more, cannot justify his continued incarceration.

On the other hand, the Additional Public Prosecutor opposed the grant of bail and submitted that the Petitioner is an integral part of an organized cyber fraud network that has systematically targeted innocent victims by using fake matrimonial profiles and morphed digital identities.

Reasoning By Court

The Court at the outset noted that the allegations against the Petitioner are grave, both in terms of the modus operandi employed and the scale of the financial and digital fraud allegedly perpetrated.

"The petitioner, a foreign national, is stated to have entered India on a student Visa, and is now found to be at the centre of a structured online cyber fraud syndicate targeting individuals by impersonation on matrimonial websites and social media platforms. The nature and scope of the operation, as revealed by the investigation, demonstrates that this was not an isolated or impulsive act of deceit, but a meticulously executed plan involving the use of fake profiles and digital morphing tools such as the "Ding Tone App"," the Court observed.

Further noting that the FSL reports substantiate the presence of hundreds of contacts under false identities, as well as multiple digital footprints of the Petitioner receiving, coordinating, and laundering proceeds of cyber fraud, the Court pointed out that the bank account to which the complainant transferred the defrauded amount of ₹55,900/- was found in WhatsApp conversations recovered from the petitioner’s phone.

It stated that multiple other victims were also identified on the basis of contact numbers and screenshots recovered from the seized devices, with transactions running into lakhs of rupees which reflects a pattern of repeat and serial offences. The Court thus observed, "In the present case, given the international and organized character of the syndicate, the technical sophistication of the modus operandi, the presence of multiple victims and multiple FIRs, and the absence of any mitigating circumstance or compelling ground warranting bail, this Court is not inclined to exercise its discretion in favour of the petitioner. The apprehension of the prosecution that the petitioner may abscond, tamper with evidence, or continue to operate the syndicate through remote means, is not unfounded."

It was thus of the opinion that no case for bail is made out.

The Application was accordingly dismissed.

Cause Title: Paul Onyegi Atuh vs. The State NCT of Delhi

Appearances:

Applicant- Advocate Sushma Sharma, Advocate Girish K. Sharma, Advocate Dhruv K. Sharma, Advocate Stuti Aggarwal, Advocate Ayushi Gaur, Advocate R.Sahil

Respondent- Additional Public Prosecutor Meenakshi Dahiya

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