Digital Arrest Cyber Fraud Involves Technical And Digital Evidence Vulnerable To Manipulation: MP High Court Denies Bail To Accused

The Madhya Pradesh High Court has denied bail to an accused in a major cyber fraud case involving a so-called 'digital arrest', observing that such offences rely heavily on technical and digital evidence that is vulnerable to manipulation. The bench of Justice Rajesh Kumar Gupta observed; "Cyber offences of this nature involve technical evidence, electronic devices and digital trails, which are susceptible to tampering. Grant of bail at this juncture may adversely affect the investigation/trial and provide an opportunity to influence witnesses or manipulate electronic evidence". Per the prosecution, the complainant was allegedly subjected to continuous intimidation after receiving calls from unknown persons who posed as law enforcement officials. She was falsely accused of being involved in a black money scam and threatened with arrest through video calls from unknown persons who posed as law enforcement officials. She was falsely accused of being involved in a black money scam and threatened with arrest through video calls. The accused allegedly exploited the complainant's fear and age, assuring her protection as a senior citizen and claiming that her funds would be verified and returned through court proceedings. The court noted that the complainant was kept under 'digital arrest' from June 1 to June 25, 2025, during which she and her husband were coerced into transferring nearly Rs 59 lakhs in multiple transactions to different bank accounts. Even after a fake bail order was sent to her mobile phone, an additional demand of Rs 10 lakh was allegedly made. Opposing the bail application, the State submitted that the offence was part of an organized cyber fraud syndicate and that releasing the accused could enable tampering with electronic evidence and influencing witnesses. The prosecution further informed that the investigation into the flow of funds, identification of beneficiaries and the role of each accused was still at a crucial stage. Agreeing with these submission, the court observed that cyber offences of this nature involve digital trails, electronic devices and technical evidence that are susceptible to manipulation. The court also emphasized that the gravity of the offence and its wider societal impact, particularly on vulnerable individuals targeted through deceptive digital practices. "The prosecution case prima facie reveals that the complainant was subjected to a so-called “digital arrest” by impersonation of police and investigating authorities, whereby she was placed under constant threat and psychological pressure and was induced to transfer substantial sums of money on the false pretext of involvement in a black money scam and grant of bail. The manner in which the complainant was allegedly confined digitally and coerced to part with her life savings reflects a well-planned and organized cyber fraud", the bench added. Thus, the bench dismissed the bail application. Case Title: Kuldeep Sharma v State of Madhya Pradesh [MCRC-55471-2025]Click here to read/download the Order

Digital Arrest Cyber Fraud Involves Technical And Digital Evidence Vulnerable To Manipulation: MP High Court Denies Bail To Accused

Jayanti Pahwa

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