Cybercrime Spares No One : Allahabad HC Highlights Its Nationwide Impact Across Religion, Region, And Class

Taking serious note of the rising tide of cybercrime across the nation, the Allahabad High Court recently likened cybercrime to a "silent virus" that has defrauded countless victims, cutting across religion, region, education, and class.

The Court emphasized the urgent need to curb such crimes, which undermine the nation's digital transformation efforts.

The Bench of Justice Ashutosh Srivastava made these observations while rejecting the bail plea of Nishant Roy, a 6th-semester BBA student accused in a Rs. 1.48 crore cyber fraud case.

Roy is booked under multiple sections of the IPC, including Sections 384, 406, 419, 420, 506, and 507, along with Sections 66-C and 66-D of the IT Act, for his alleged role in a “Digital Arrest” scam.

The Scam

The case involved a senior citizen victim, Kakoli Das, who was contacted by individuals posing as representatives of a courier company. She was falsely informed that a parcel in her name containing illegal drugs was being sent to Taiwan. The call was escalated to someone impersonating a Deputy Commissioner of Police from the Crime Branch, who digitally "arrested" her and coerced her into revealing her bank account details under the pretext of an investigation.

Over three days, Rs. 1.48 crore was fraudulently transferred from her accounts at SBI and Yes Bank via RTGS by the scammers.

Applicant’s Arguments

Roy, who has been in custody since May 7, 2024, argued that he was falsely implicated based on a co-accused’s statement. He claimed:

1. The recovery of three mobile phones, two pre-activated SIM cards, and a chequebook was fabricated.

2. No transactions were linked to his bank account.

3. The offenses are triable by a Magistrate and carry a maximum sentence of seven years.

3. Custodial interrogation was no longer necessary as the charge sheet had been filed in June 2024.

State's Counterarguments

The Additional Government Advocate (AGA) opposed the bail plea, presenting evidence linking Roy to the fraud:

1. Rs. 62 lakh of the siphoned amount was transferred to an account belonging to Sandhu Enterprises, operated by co-accused Amar Pal Singh and his wife.

2. A SIM card recovered from Roy was found connected to the Sandhu Enterprises account.

3. Co-accused individuals, including Amar Pal Singh, his wife, and others, remain absconding, and the investigation is ongoing.

Court’s Observations

The Court highlighted the gravity of the allegations, the ongoing investigation against the absconding co-accused, and the yet-to-be-framed charges against Roy. It refused to grant bail, citing the seriousness of the crime and the need to prevent its recurrence.

Justice Srivastava underscored the vulnerabilities exposed by the country’s rapid digital transformation, remarking:

“The advancement of technology and widespread adoption of digital infrastructure have led to a significant rise in cybercrimes, including phishing scams, ransomware attacks, cyberstalking, and data breaches.”

The Court warned that unchecked cybercrime has the potential to erode public trust in digital initiatives like Digital India, stressing the need for robust preventive measures.

"In India, the rapid advancement of technology and the widespread adoption of digital infrastructure have led to a significant rise in cyber-crimes including phishing scams, ransomware attacks, cyber-stalking and data breaches. Initiatives like Digital India have accelerated the country's' digital transformation, but they have also exposed vulnerabilities that cyber-criminals exploit....Cyber-crime has been affecting the people across the nation, irrespective of religion, region, education or class. Newspapers, Magazines, You Tube Channels and Social Media are brimming with ordeals of an uncountable number of innocent victim of the cyber-crime, who are defrauded of their hard earned money. Such cyber-crimes are rampant in our society, and must be curbed. Cyber-crime in our country is like a silent virus stealthy, disruptive, and costing society more than just money, but trust, security and progress," the Court said.

Conclusion

"In the case at hand, the charges are yet to be framed against the applicant. Investigation against the other co-accused, Amar Pal Singh, Karan Preet, and Devendra Kumar, alias Dev Roy (father of the applicant), is still underway. In such circumstances, the Court is not inclined to release the applicant on bail. Bail application is, accordingly, rejected," the Court ordered.

Cause Title: Nishant Roy vs. State of U.P. [Neutral Citation No. 2025:AHC:7570]

Appearance:-

Applicant: Advocates Alok Kumar Srivastava, Raghuvansh Misra, Shivendra Kumar Singh, Yadavendra Dwivedi

Respondent: AGA Yagvalkya Pandey

Click here to read/download the Order