'Cybercrime Akin To Silent Virus': Punjab & Haryana High Court Declines Anticipatory Bail To Man Booked In ₹6 Crore Digital Arrest Case

The Punjab and Haryana High Court has observed that cybercrime in the country "operates akin to a silent virus" which is insidious, disruptive and exacts a toll on society that extends far beyond mere pecuniary loss. Noting the cascading effects of such offences on society and financial institutions, the court declined anticipatory bail to a 23-year-old man accused in the digital arrest of a woman where she was asked to deposit over Rs. 6 crore. Justice Sumeet Goel in his order noted:"...while adjudicating the bail pleas, particularly in cases concerning cybercrimes and online fraud, necessitates a meticulous evaluation of several pivotal factors. Paramount among these is the inherent gravity and seriousness of the offence, coupled with its potential societal ramifications. The proliferation of online frauds and cybercrimes poses a significant threat, as it systematically erodes public confidence in digital financial transaction platforms. Such erosion runs counter to the aspirations of an advanced and digitally empowered “Digital Bharat” and thus warrants a heightened degree of judicial circumspection. These offences are characterized by their capacity to aggrieve a multitude of victims simultaneously, often with a single act of commission. The deleterious consequences of cybercrimes transcend individual boundaries, imperiling numerous unsuspecting citizens.The gravity of such transgressions cannot, therefore, be understated. They not only jeopardize the financial security and trust reposed by individuals in financial payment gateways and platforms but also inherently expose the broader populace to analogous threats. Indeed, cybercrime in our nation operates akin to a silent virus —insidious, disruptive, and exacting a toll on society that extends far beyond mere pecuniary loss, encompassing the bedrock of trust, security, and national progress. Given the inherent nature and profound gravity of such offenses, and their wide-ranging cascading effects on both society and financial institutions, this Court finds itself disinclined to grant the relief of anticipatory bail as prayed for. To do otherwise would be to turn a Nelson's eye to the profound and far-reaching detrimental impact of these digital depredations".The court observed that the case pertaining to digital arrest of a woman, contained allegations of a serious economic offence involving cyber fraud against the petitioner involving substantial amounts of ₹6.80 crores.It said that though the petitioner is not named in the FIR, his involvement has surfaced during the course of investigation, and at this stage, the material collected by the investigating agency "prima facie" indicated his "nexus with the co-accused and the alleged transactions".The court rejected the petitioner's argument that the case rest solely on disclosure statements of co-accused observing that investigation is still underway and the role of each accused is required to be examined in the context of the larger conspiracy. It further rejected the petitioner's plea of parity with co-accused out on bail, noting that the role attributed to the petitioner appears to be a specific one. "The police have further asserted that the custodial interrogation of the petitioner is indispensable for the purpose of effectively unravelling the modus operandi of the accused persons, identifying the broader nexus involved in the fraud, and recovering the siphoned amount. The nature and gravity of the offence, involving organized cybercrime and financial deceit, necessitate a thorough investigation, which, at this stage, cannot be conducted without the petitioner being in custody...At this stage, there is no material on record to hold that prima facie case is not made out against the petitioner. The material which has come on record and preliminary investigation, appear to be established a reasonable basis for the accusations. Thus, it is not appropriate to grant anticipatory bail to the petitioner, as it would necessarily cause impediment in effective investigation," the court held. BackgroundThe court was hearing a man's plea seeking anticipatory bail after he was booked in an FIR for offences under BNS Sections 318(4)(dishonest misappropriation of propety), 61(2)(Criminal conspiracy), 238(Causing disappearance of evidence of offence, or giving false information to screen offender). The FIR alleged that the complainant, a woman who is a resident of Faridabad had stated in her police complaint that on 16.06.2025, she received a call on her mobile from a person who claimed to be a CID Inspector from the Mumbai Crime Branch and falsely informed her that she had been arrested. Subsequently, she received a video call on her mobile phone wherein a person posing as a police officer informed her that she was an accused in the Naresh Goyal Jet Airways Money Laundering Case and that she had been placed under 'house arrest/digital arrest.' She was further threatened that formal orders ...

'Cybercrime Akin To Silent Virus': Punjab & Haryana High Court Declines Anticipatory Bail To Man Booked In ₹6 Crore Digital Arrest Case

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