Christian Ifeanyichukwu v. Central Bureau of Investigation
In the High Court of Delhi
B.A. 1556/2023
Before Justice Rajnish Bhatnagar
Decided on November 29, 2023

Relevancy of the case: Bail application in a case involving hacking of victims’ social media accounts and inducing them to fraudulently transfer money

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Indian Penal Code, 1860 (Section 43, 120B, 170, 419, 420, 467, 468)
• Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The hacker attempted to hack the complainant’s mobile number to cheat on his relatives or acquaintances. The hacker sent WhatsApp messages to persons in his contact list, though he used a different number with his name and picture.
• He had sent messages asking people to print a code number on their phones, using which they could be hacked. The investigation found the hacker’s number and bank details, where many victims had deposited money.
• Further investigation also revealed various fake IDs on Instagram and Facebook, including various information, fake certificates, and invoices sent by fraudsters.
• The police found the petitioner’s involvement in the delivery and withdrawal of the defrauded money and possession of several ATM cards and bank accounts registered to different persons.

Prominent Arguments by the Advocates

• The petitioner’s counsel argued that the petitioner had been in judicial custody for a year and had clean past antecedents. No direct evidence is available against the petitioner, and the police built this case on indirect evidence. Further, the police did not recover money from the petitioner. The court cannot deny him bail even if he is a foreign national.
• The respondent’s counsel submitted that the allegations against the petitioner are grave in nature. Since he is a foreign national, he could quickly flee from justice.

Opinion of the Bench

• The bench noted that there is no dispute in the case of bail, as even foreign nationals are entitled to bail. Despite this, merely filing a chargesheet does not create a right for the accused to be released on bail.
• The court cannot brush aside CBI’s apprehension. The petitioner’s involvement in creating fake profiles, defrauding people, and possessing various ATM cards registered in the names of different people is apparent.

Final Decision

• The bench dismissed the bail application.

Yagyanseni Acharya, an undergraduate student at VIT School of Law, Chennai, prepared this case summary during her internship with The Cyber Blog India in January/February 2024.