Kapil Taneja (in JC) v. State (Govt. of NCT of Delhi)
(2023) 1 Bom CR (Cri) 9 (J)
In the High Court of Delhi
BA 3577/2022
Before Justice Amit Sharma
Decided on January 11, 2023

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

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Indian Penal Code, 1860 (Section 34, 120B, 389, 419, 420)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The police arrested the applicant and 33 other persons for cheating US citizens from a fake call centre.
• During the raid, the police recovered 40 laptops, 20 mobiles, incriminating chat conversations, and documents related to victims. The accused was present at the raided call centre.
• After inspecting the devices, the investigation found that the accused persons were using software such as AnyDesk, Ultra Viewer, X-Lite, etc.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that the police did not comply with Section 41A of the Code of Criminal Procedure, 1973. Furthermore, only the accused is in judicial custody, while the chargesheet has been filed against the other accused persons without arrest.
• The prosecution opposed the grant of bail. The counsel submitted that the applicant could influence the witnesses.

Opinion of the Bench

• The bench observed that the investigation agency had already completed the investigation and filed the chargesheet. They have the evidence mentioned in the chargesheet, so bail can be allowed.

Final Decision

• The court accepted the bail application with conditions.

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.