Gujarat High Court Grants Bail To Two Accused Of Luring Indian Citizens Abroad With Job Offers, Only To Be Held As 'Cyber Slaves'

The Gujarat High Court on Tuesday (January 6) granted bail to two men accused of luring Indian citizens with job offers in a foreign country where they were allegedly held as 'cyber slaves'.In doing so the court observed that the applicants were only "small time players" who tried to get their friends employed, holding that their actions appeared to be prima facie bonafide. Justice Nikhil S. Kariel in his order observed,"While the crime alleged is very serious inasmuch as Indian citizens were allured with an offer of job paying around Rs.70,000/- to Rs.75,000/- per month in Myanmar and whereas, upon crossing over to the said country from Thailand, they were being held as cyber slaves, yet, insofar as the role attributed to the present applicants, to this Court, it would appear that the present applicants were only small time players who had attempted to get a good employment for their friends. It would appear that accused – Akib had contacted his friend Sahil and Sahil had, in turn, contacted Amin who wanted employment and through accused – Akib they had contacted Danish and Danish had contacted the Chinese agent and whereas, the air ticket etc. were sent to the persons who wanted employment through the present applicants".The court noted that it appeared that the applicants had received commission of Rs.43,000 i.e. Rs.21,500 each for accused– Akib and commission of approximately Rs.28,500 per person for accused – Danish. "It would appear that beyond the same role, the present applicants did not have any further role to play in the entire conspiracy and whereas, to this Court, it would appear that while the actions of the present applicants may have led to the persons who have been sent over for employment to be held as cyber slave in a foreign country for a considerable long period of time, yet, prima facie, it would appear that the actions of the applicants appear to be bonafide, more particularly, without knowing the consequences," the court added. The regular bail application was filed in connection to the FIR under BNS Sections 318(4) (Cheating and dishonestly inducing delivery of property), 127 (Wrongful confinement), 143(3) (Trafficking of more than one person), 61(2) (Punishment for criminal conspiracy), and 3(5) (Acts done by several persons in furtherance of common intention) and Sections 66(D) (Punishment for cheating by personation by using computer resource), 84(B) (Punishment for abetment of offences) of the Information Technology Act, 2000.The counsel for the applicants – Akib and Danish submitted that considering the role attributed to the applicants and the nature of the allegations, they may be released on regular bail. He further submitted that as the chargesheet is filed, there is no useful purpose to keep them in jail for an indefinite period, and the applicants are ready and willing to abide by the conditions that may be imposed by the court when released on bail.The APP appearing for the state vehemently objected to the grant of regular bail, submitting that given the nature of offence and the role attributed to the applicants in the chargesheet, the application for regular bail be dismissed. The counsel urged the court to not exercise the discretion in their favour.The Court then directed the applicants to be released only if they are not required in connection with any other offence, Sessions Court to take appropriate action in case of any breach of bail conditions. The Court further directed that the bail bond be executed before the trial court, who may modify or relax the conditions as per law, and directed the trial court to not be influenced by the preliminary observations made in this order.The Court allowed the bail pleas. Case Title: Akib Husen Aasik Husen Saiyed vs State of Gujarat and Danish S/o Sulemanbhai Hasanbhai DantreliyaCase Number: Cr.MA (For Successive Regular Bail -After Chargesheet) No. 27701 of 2025 with Cr.MA No. 27306 of 2025 Click Here To Read/Download Order

Gujarat High Court Grants Bail To Two Accused Of Luring Indian Citizens Abroad With Job Offers, Only To Be Held As 'Cyber Slaves'

Lovina B Thakkar

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