Image
  • Home
  • Blog
  • Case Summaries
  • Services
    • Workshops
  • About
    • About Us
    • Objectives
    • Our Achievements
    • My Cyber Crime Story
    • Team

Technology. Law. Policy. You

For all things cyber

Vinod Kumar Chaudhary v. Central Bureau of Investigation

The Cyber Blog IndiaAugust 18, 2021Case Summary

Vinod Kumar Chaudhary v. Central Bureau of Investigation

Vinod Kumar Chaudhary v. Central Bureau of Investigation
In the High Court of Allahabad
Bail App. 529/2020
Before Justice Vikas Kunvar Srivastav
Decided on June 11, 2020

Relevancy of the case: Bail application in a case involving misappropriation of money through post office accounts

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 66)
  • The Indian Penal Code, 1860 (Section 120B, 201, 204, 409, 420, 467, 468, 471, 477A)
  • The Prevention of Corruption Act, 1988 (Section 13(2), 13(1)(c), 13(1)(d))

Relevant Facts of the Case

  • The initial complaints were about misappropriation and defrauding of 27 savings accounts at a Jhansi Post Office.
  • The applicant, a Postal Assistant, and the other co-accused had committed a criminal breach of trust by obtaining illegal gains from the state.
  • They modified the computer data and later deleted it, along with other evidence such as electronic documents.
  • The accused had deleted the 21 accounts after withdrawing the amount. They later added back the accounts to the system.
  • The accused had also forged the witnesses on the withdrawal slips, which they used to withdraw money fraudulently.

Prominent Arguments by the Advocates

  • The applicant’s counsel submits that the preliminary inquiry for two private complaints was handled by the then Senior Superintendent, who was named a perpetrator in those complaints.
  • Hence, it is contended that the Senior Superintendent has fabricated facts towards the complainant during his five years of inquiry.
  • The counsel argues that the prosecution neither establishes the applicant’s role in the offence nor shows the benefits gained by him from the alleged monetary fraud. Hence, there is no prima facie case against the applicant.
  • The learned ASG argues that the applicant had a duty to verify the people seeking withdrawals, which he failed to do when he let withdrawals happen on forged documents.

Opinion of the Bench

  • The court took into account that the other co-accused in the case have been granted bail earlier.
  • They also considered a delay in the trial, although the charge sheet had been filed.

Final Decision

  • The bail was granted subject to certain conditions.

This case summary has been prepared by Loreal Sahay, an undergraduate student at University School of Law and Legal Studies, GGSIPU, during her internship with The Cyber Blog India in January/February 2021.

Related

Tags:bail application, bank fraud, Computer, computer data, computer-related offence, defraud, electronic documents, fabrication, financial fraud, illegal withdrawal, misappropriation, monetary fraud, money, offence, savings account, Section 439 CrPC, Section 66 IT Act 2000, unlawful gains, withdrawal, withdrawal slips, wrongful loss

Our Most Popular Posts

  • Residential CCTV and Neighbours' Privacy Invasion
  • Is it illegal to watch porn on Telegram?
  • क्या भारत में पोर्न देखना गैर कानूनी है?
  • 5 Steps to Immediately take if your nudes are being used to Blackmail YOU.
  • Is it legal to share nude pictures over WhatsApp?
  • Google India Pvt. Ltd. v. Visaka Industries
  • Is Hosting a Porn Website Legal in India?
  • Pornography Rules in India
  • Hentai, Child Porn, and India
  • Cyber crime and laws in Nepal: An overview

Connect to us on Facebook

Connect to us on Facebook

Read More

  • Is the new wallpaper that crashes Android phones a malware?
  • सोशल मीडिया पर फर्जी प्रोफाइल बनाने से संबंधित कानून
  • Wifi Security – Part I
  • VoIP in India-What’s it like?
  • Can a bank be liable in phishing cases involving fraudulent transactions?
  • Is the clock ticking for Tiktok?
  • Artificial Intelligence and Law (Part 3): Possible Legal Issues
  • Cyber crime and laws in Nepal: An overview
  • Explainer – Section 67B of the Information Technology Act, 2000
  • पोर्नोग्राफ़ी और भारतीय कानून

Subscribe to our Newsletter

Our recent posts

  • The Curious Case of Splinternet: Why do Russia and China want separate internets?
  • How to check if a digital loan app is genuine?
  • डिजिटल इंडिया मिथक: इन्कॉग्निटो मोड
  • Who governs the Internet?
  • Digital Loans: Understanding RBI’s New Regulatory Model

Reach out to us for assistance!

contact@cyberblogindia.in
WhatsApp Helpline: +91 9340337396
Telegram Channel: https://t.me/incyberblog

In case of an offence against a woman/girl, for the sake of comfort, the victim may put forth a special request to get in touch with a female team member to assist her.

Guest Post Guidelines are available here. 

Connect to us on Facebook

Connect to us on Facebook
  • Home
  • Blog
  • Case Summaries
  • Services
    • Workshops
  • About
    • About Us
    • Objectives
    • Our Achievements
    • My Cyber Crime Story
    • Team
© 2014-2023 Stellato Techno Legal LLP. All rights reserved.
Disclaimer: Be advised that we are neither a law enforcement agency nor a government organisation. The information available on this website shall not be construed as legal advice.