Use of bank account in several cyber fraud cases: Mumbai court denies bail to chemistry student, says cannot consider ‘innocent mistake’

The court noted that the probe had revealed seven similar complaints in which cyber fraudsters allegedly used the Nashik-based student’s account to deposit stolen funds from victims. (file)

Refusing to accept a 20-year-old chemistry graduate student’s claim that money was transferred into his account as an ‘innocent mistake’, a sessions court in Mumbai on December 30 rejected his bail plea in a cyber fraud case involving Rs 12 lakh after Rs 23,900 of the total amount was allegedly found in his account.

“The victim here lost over Rs 12 lakh. It is undisputed that the applicant’s account received a portion of the defrauded money, which points towards his participation in the crime,” Additional Sessions Judge B Y Phad said in the order made public Monday.

“The alleged report from the National Cyber Crime Reporting Portal showing seven other complaints against the applicant’s account is a grave factor. This suggests that the applicant’s account is consistently being used for cyber-fraudulent activities, negating the plea of ‘innocent mistake’,” the order added.

The cyber police in Mumbai arrested the student on November 11 on several charges, including cheating, under the Bharatiya Nyaya Sanhita (BNS). In his bail plea, he said he was a victim of circumstances, he was told the money had been transferred to his account by mistake, and that he had merely followed instructions to return/transfer it further. He said that he had no criminal record and had no connection to the main accused, one Neha Thakkar, named in the FIR.

The complainant in the case was allegedly induced via social media to ‘perform tasks’ to review hotels to earn money. She was allegedly eventually persuaded to transfer Rs 12 lakh into various accounts, of which Rs 23,900 was credited to the student’s account.

The police stated that seven other cyber complaints had been lodged across different states involving the same bank account and that the probe was at a preliminary stage, with the remaining amount yet to be traced. The police said this shows a ‘pattern of criminal activity’ rather than a one-time mistake.

The court said that cybercrimes involving organised syndicates pose a significant threat to citizens’ financial security. “The investigation is still at a primary stage. Releasing the applicant at this juncture might hamper the efforts of the police to reach the ‘kingpins’ of the syndicate,” it said.