Delhi HC rejects man’s anticipatory bail in ‘digital arrest’ case

The Delhi High Court has rejected an anticipatory bail plea of a man in a case of ‘digital arrest’, noting that instances of extorting money from unsuspecting victims using technology are increasingly being reported across the country.

Justice Swarana Kanta Sharma said the accused was allegedly involved in a serious instance of cyber fraud and his custodial interrogation was required to unearth the entire modus operandi and the larger conspiracy.

The judge observed that the Supreme Court has taken suo motu cognizance of the issue of “digital arrests” carried out based on forged judicial documents and the victim in the present FIR was permitted to assist the top court as an intervenor in that matter.

“Thus, considering the overall facts and circumstances of the present case, this Court is of the opinion that the allegations against the applicant relate to a serious instance of cyber fraud involving the modus operandi of so-called ‘digital arrest’.

“Such offences are carried out through technological means to deceive and extort money from unsuspecting victims and, as noticed by the Hon’ble Supreme, such cases are increasingly being reported across the country,” said the court in the order passed on March 11.

“This court is of the view that grant of anticipatory bail at this stage is likely to impede the investigation, particularly when custodial interrogation of the applicant is required to unearth the entire modus operandi and the larger conspiracy,” the court concluded.

The complainant, a resident of Greater Kailash- I, alleged that on March 15, 2025, she received a WhatsApp call from a person who claimed to be a surveillance officer and told her that her bank accounts were under surveillance.

A CBI officer was stated to be present on the call and she was put under “digital arrest” on account of her involvement in a money laundering case and a purported order of the Supreme Court was also shared.

It was further alleged that during the group video call, a “judge” informed the complainant that a non-bailable warrant had been issued against her and instructed her not to speak to anyone or leave her house without permission.

The fraudsters then induced the complainant to transfer Rs 30 lakh from her SBI account to another bank account on March 18, 2025 and a transfer of Rs 80 lakh was also made by her to another account, the complaint said.

She registered the complaint on the cyber helpline on March 23, 2025.

During the investigation, the police found that the transfer of Rs 30 lakh was made to the bank account of a firm linked to the present accused.

The accused claimed that he had been falsely implicated as he himself was a victim of a conspiracy and had no role in the transactions of money. He claimed that his e-mail account had been hacked and he had even informed the bank of certain suspicious activity on his account.

Dismissing the plea for pre-arrest bail, the court observed that the material collected during the investigation did not support the accused’s claims at this stage.

The court noted that Rs 30 lakh was credited into the accused’s bank account, which was transferred to multiple other bank accounts on the same day, leaving a balance of only Rs 6,722 in the account.

On the date of the offence, a total of Rs 98 lakh was credited into the account, which was immediately transferred to other accounts and there were four other complaints relating to cyber fraud registered against the same bank account in the name of the present accused, the court added.

Further, on the date of the transaction, another mobile number allegedly used by the accused was found active at the same location where the bank- linked mobile number, which was under the accused’s name, was operating, it recorded.