Mohammad Fojan Aalam v. State of Haryana

The Cyber Blog IndiaCase Summary

Bail application in a case involving unauthorised withdrawals through Aadhaar Enabled Payment System by cloning fingerprints

Mohammad Fojan Aalam v. State of Haryana
In the High Court of Punjab & Haryana
CRM-M 31983/2023 (O&M)
Before Justice Manjari Nehru Kaul
Decided on March 06, 2024

Relevancy of the case: Bail application in a case involving unauthorised withdrawals through Aadhaar Enabled Payment System by cloning fingerprints

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 66C, 66D)
  • The Indian Penal Code, 1860 (Section 120B, 419, 420, 467, 468, 471)
  • The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

  • The petitioner has been in custody since January 10, 2023.
  • The allegations state that he was a part of a gang which committed online fraud. They cloned thumb impressions of people and then made transactions on the Aadhaar Enabled Payment System (AEPS).
  • The petitioner has withdrawn ₹4500 by doing the abovementioned.

Prominent Arguments by the Advocates

  • The petitioner’s counsel argued that the police had falsely implicated him in this case. His incarceration serves no useful purpose. The trial will take much time to conclude due to the presence of 19 witnesses. As of now, only two witnesses have been examined. Additionally, there is no apprehension of the petitioner tampering with the evidence or intimidating the witness.
  • The counsel for the state submitted that the petitioner had withdrawn ₹4500 by cloning the thumbprints of some people through an unauthorised AEPS device.

Opinion of the Bench

  • The petitioner has a clear previous record and has not been involved in any other criminal cases. However, he has withdrawn ₹4500, and the police have yet to recover the amount.
  • The court agreed with the petitioner’s counsel that the case would take a long time to conclude.

Final Decision

  • The court allowed the bail application, subject to the satisfaction of the concerned Trial Court/Duty Magistrate.

Nandita Karan Yadav, an undergraduate student at the National Law Institute University, Bhopal, prepared this case summary during her internship with The Cyber Blog India in May/June 2024.