Aarif v. State of Himachal Pradesh
In the High Court of Himachal Pradesh
Cr.M.P. (Main) 2001/2021
Before Justice Vivek Singh Thakur
Decided on January 07, 2022

Relevancy of the Case: Bail application in a case involving impersonation of an Army officer and duping the victim under the pretext of selling a car via Facebook

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66, 66D)
• The Indian Penal Code, 1860 (Section 120B, 420)

Relevant Facts of the Case

• The accused made a fraudulent offer to sell a car on Facebook by posing as an Army General. Thereafter, the complainant transferred ₹2,90,000 to purchase the same. The car, however, never reached the complainant.
• Through investigation, the police found the involvement of petitioners, and they are currently in judicial custody.
• The petitioners have filed the present petition as an application for a grant of bail.

Prominent Arguments by the Advocates

• The petitioner’s counsel submits that there is a change in circumstances from the date of filing of previous applications. Moreover, the police have recorded the statement of the complainant. Petitioners have already completed nine months in custody. Hence, additional time in judicial custody during the trial would amount to their pre-trial conviction.
• The Deputy Advocate General submits that cyber crimes are on the rise and affecting so many innocent people, and therefore, petitioners are not entitled to bail.

Opinion of the Bench

• This is a suitable case for granting bail to the petitioners, based on the material placed on record, facts and circumstances, the complainant’s statement, and the detention period.
• Further, they may be released on bail on the ground that they make themselves available to police all the time and do not misuse the liberty given to them to help fulfil justice.

Final Decision

• Subsequently, the bench approved the bail application, subject to furnishing a personal bond of ₹ 1,00,000.

Julia Anna Joseph, an undergraduate student at Christ (Deemed to be University), prepared this case summary during her internship with The Cyber Blog India in January/February 2022.