Sachin Chaudhary v. State of Chhattisgarh
In the High Court of Chhattisgarh
MCRC 2136/2021
Before Justice Narendra Kumar Vyas
Decided on May 24, 2021

Relevancy of the case: Bail application in a case involving a systematic act of vishing fraud

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C)
• The Indian Penal Code, 1860 (Section 420, 506)

Relevant Facts of the Case

• The complainant received a call for account details on the pretext of depositing money. After enquiring with the bank, he came to know that he has lost ₹37 lakhs from his bank account.
• The complainant received ₹5,30,000/ which had been transferred via an order by the Judicial Magistrate First Class from the applicant.
• Furthermore, the complainant alleged that he had received calls from various numbers. The caller recognised himself as Himanshu Shekar and even threatened to kill the complainant. During further investigation, the police identified co-accused persons and they were absconding.

Prominent Argument by the Advocates

• The applicant’s counsel submitted that he has been in jail for four months for an offence triable by a Judicial Magistrate First Class. The police have registered the FIR against one Himanshu Shekhar. Further, they have filed the final report and the conclusion of the trial will take time.

Opinion of the Bench

• This appears to be a systematic act of fraud committed by the accused along with the co-accused.

Final Decision

• The bench dismissed the bail application.

Yoshita Phaphat, an undergraduate student at NMIMS Kirit P. Mehta School of Law, Mumbai, prepared this case summary during her association with The Cyber Blog India in February 2022.