The Punjab & Haryana High Court has refused to grant anticipatory bail to Atanu Choudhary, an accused in a case involving a staged Supreme Court hearing. The accused, along with his associates, allegedly posed as officers of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI), orchestrating a sophisticated cyber fraud that defrauded industrialist Paul Oswal of Rs. 7 crore.
Justice Mahabir Singh Sindhu, presiding over the matter, emphasized the growing menace of cyber fraud in India, stating:
"Instances of cyber fraud are increasing day by day. According to data maintained by the Reserve Bank of India, Rs. 3207 crore was lost due to 582,000 cases of cyber fraud between FY 2020 to FY 2024. Notably, Rs. 2054 crore was lost in FY 2023-24 alone."
Background
The case originated in September 2024 when renowned textile baron and Chairman of the Vardhman Group, SP Oswal, reported a fraudulent Supreme Court proceeding. According to Oswal’s complaint, he was deceived into attending a virtual hearing where an individual impersonated former Chief Justice of India (CJI) DY Chandrachud. The fraudulent hearing, allegedly under the Supreme Court's authority, compelled Oswal to transfer Rs. 7 crore to a 'Secret Supervision Account.'
As per Oswal’s statement to the police:
"They made a Skype call regarding the court hearing. As per a Supreme Court order, I was directed to transfer all my funds into a secret supervision account."
The fraudsters created forged documents bearing the Supreme Court’s logo, fabricated arrest warrants from the ED, and threatened severe consequences in case of non-compliance. This deception was backed by multiple WhatsApp calls and emails impersonating high-ranking investigative officials.
The police, in their affidavit, detailed the extent of the fraud and the accused's active involvement. The Court noted:
"The petitioner orchestrated a sophisticated cyber crime scheme involving forged and fabricated documents purportedly issued by the Hon’ble Supreme Court, ED, and CBI. These documents were used to mislead and coerce the complainant into transferring a substantial sum of Rs. 7 crores to bank accounts controlled by the petitioner and his associates."
Further, investigations revealed that the accused utilized bank accounts linked to his company, Frozenman Warehousing and Logistics, to launder the money. A direct connection was found between the fraudulent transactions and an email ID associated with the accused.
The police report also highlighted Choudhary’s violation of bail conditions granted earlier by the Chief Judicial Magistrate (CJM) in Kamrup. The accused was required to appear before the investigating officer every 10 days but failed to do so, raising further concerns about his credibility and cooperation with authorities.
Given the severity of the crime and its impact on public trust in the judiciary, the High Court determined that granting pre-arrest bail would set a dangerous precedent. Justice Sindhu remarked:
"The petitioner’s actions not only defrauded the complainant but also undermined the integrity of the judicial system. The audacious forgery of Supreme Court orders and impersonation of the Hon'ble Chief Justice of India during a fake hearing is a direct attack on the highest judicial institution of the country."
The Court also stressed the necessity of custodial interrogation to uncover the full extent of the conspiracy and identify other involved parties. Consequently, the petition was dismissed, reinforcing the Court’s firm stance against cyber crimes that exploit legal institutions for fraudulent activities.
The Punjab & Haryana High Court’s refusal to grant pre-arrest bail in this case serves as a stern warning against cyber criminals attempting to manipulate legal institutions for fraudulent gains.
Mr. Padamkant Dwivedi, Advocate and Ms. Mansi, Advocate for the petitioner.
Ms. Manjot Kaur, AAG, Punjab assisted by Inspector Satbir Singh, P.S. Cyber Crime, Ludhiana.
Case Title: Atanu Chaudhary v. State of Punjab
