Bablu Moreshwar Lawatre v. State (Govt. of NCT of Delhi)
In the High Court of Delhi
B.A. 3743/2022
Before Justice Amit Mahajan
Decided on January 06, 2023

Relevancy of the Case: Bail application in a case involving impersonation, forgery, and fraud

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Criminal Procedure Code, 1973 (Section 439)
• The Indian Penal Code, 1860 (Section 120B, 170, 419, 420, 468, 471)

Relevant Facts of the Case

• The police registered an FIR against the applicant for making false claims that M/s. Goldcoat Solar was given a contract to construct a solar power plant.
• The investigation revealed that the WhatsApp message received by the ministry was sent from a mobile phone with an IP address in Hong Kong.
• Further, the telecom company unlawfully issued 1700 SIM cards in conjunction with one lady of Chinese origin.
• The accused transferred the cheated money to different accounts. Finally, an account of HB Group, Nagpur, received the funds. The applicant is the director of the said group.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that the court cannot presume that he has committed forgery simply because his company accounts have received the funds. The allegations in the present case are false.
• The respondent’s counsel opposed the grant of bail. She submitted that the applicant was trying to flee the country when the police arrested him. Moreover, they recovered 55 activated SIM cards from his bag. Furthermore, the cheated amount is in one of the accounts of the HB Group, for which the applicant is the director.

Opinion of the Bench

• The bench noted that the petitioner and his wife are differently disabled to the extent of 78% and 80%, respectively. Further, they also have a girl child aged 18 months.

Final Decision

• The bench granted the bail application.