Cybercrime is a “Silent Virus”: Allahabad HC Denies Bail to Accused in Bogus Transactions Using Fake GST Documents [Read Order]

Justice Ashutosh Srivastava was hearing a bail plea filed, observed that ‘“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 accused, Yesh Arya was alleged to have participated in a cyber fraud network involving bogus transactions conducted through shell entities and fake GST registrations.

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The FIR named five individuals, including the applicant, and detailed the recovery of multiple mobile phones, cheque books, passbooks, ATM cards, and GSTregistration papers in different names.

According to the police, two ATM cards, two mobile phones, and a GST registration certificate in the name of ‘Avlok Sharma’ (Krishna Enterprises)were recovered from the applicant, linking him to the fraudulent operations.

The applicant contended that he was a student and had been falsely implicated. His counsel argued that the seized GST documents were planted and that the bank accounts in question belonged to other co-accused individuals.

It was further claimed that the seized vehicle, a Tata Punch, belonged to his uncle and was not used for illegal purposes. The applicant said that he had no prior criminal history and was conducted to cooperate in the trial.

The prosecution, however, opposed the bail plea, asserting that the applicant’s involvement was evident from WhatsApp messages and screenshots of cheques linked to fraudulent transactions found on his phone and on a WhatsApp group named “Roy Dollar.”

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The State argued that such material evidence directly connected the applicant to the cyber fraud racket.

While rejecting the bail application, the Court observed that the rapid digitalization of India’s economy had increased vulnerability to cybercrimes such as phishing scams, fake transactions, and financial frauds.

The Court noted that “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.

Accordingly, the court refused to grant bail to the accused stating that ‘the Court is not inclined to release the applicant on bail”.

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