Mahamud Khan v. State of Odisha
In the High Court of Orissa
BLAPL 1938/2023
Before Justice S.K. Sahoo
Decided on May 16, 2023

Relevancy of the case: Bail application in a case involving the receipt of money in the applicant’s bank account arising out of a cyber fraud

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Indian Penal Code, 1860 (Sections 419, 420, 467, 468, 471, 120B)

Relevant Facts of the Case

• The applicant, Munfed Khan, is accused of committing forgery, identity theft, and cheating against the complainant of ₹37.24 lakhs.
• According to the investigation officer, the applicant received this amount in his bank account.
• When the complainant filed an FIR, the police arrested the applicant.
• The applicant first approached the Sessions Judge for his bail. However, the court rejected his bail application.

Prominent Arguments by the Advocates

• The applicant’s counsel submitted that he would pay the amount credited to his account.

Opinion of the Bench

• During his release, the applicant will pay a cash security of 25% of the amount credited to his bank account. He should pay the rest of the amount in three equal monthly instalments.

Final Decision

• The court accepted the bail application with conditions.

Aarya Tyagi, an undergraduate student at the Institute of Law, Nirma University, Ahemadabad, prepared this case summary during his internship with The Cyber Blog India in May/June 2024.