Ashwani Kumar v. State
In the High Court of Delhi
Crl. M.C. 6688/2022 and Crl. M.A. 26048/2022
Before Justice Amit Mahajan
Decided on January 13, 2023

Relevancy of the Case: Bail application in a case involving a fake call centre for cheating US citizens through impersonation

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Indian Penal Code, 1860 (Sections 34, 120B, 419, 420, 468, 471)
• The Criminal Procedure Code, 1973 (Section 41A)

Relevant Facts of the Case

• The petitioner was running a fake call centre from his property, engaging in impersonation and cheating US citizens, along with other co-accused.
• The Chief Metropolitan Magistrate has issued the non-bailable warrant (NBW) against the petitioner through the impugned order.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the petitioner promptly sent a WhatsApp message to the investigating officer, explaining his inability to participate in the investigation due to being out of the country and insufficient notice being provided. Further, the issuance of the NBW was based on an incorrect presumption that the petitioner had been consistently evading and was not present at his residence.
• The respondent’s counsel opposes granting any relief to the petitioner, arguing that he is a central figure in the current case. Further, she asserted that the petitioner had been evading authorities and was not eligible for relief.

Opinion of the Bench

• The petitioner faces severe allegations of operating a fake call centre and cheating citizens of another country.
• Additionally, the petitioner’s lack of cooperation with the investigation undermines their claim of being unavailable due to being out of the country.

Final Decision

• The court rejected the bail application.

Aditi Sharma, an undergraduate student at NMIMS School of Law, Indore, prepared this case summary during her internship with The Cyber Blog India in May/June 2023.